1181 (H.B. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. 17, eff. 153.374. April 20, 1995. 8, eff. Sec. Sec. 555), Sec. MEANS OF TRAVEL. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Acts 2021, 87th Leg., R.S., Ch. September 1, 2005. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. Acts 2009, 81st Leg., R.S., Ch. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 1181 (H.B. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. ALTERNATE DISPUTE RESOLUTION PROCEDURES. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 1113 (H.B. 1252 (H.B. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. September 1, 2013. Sept. 1, 1995. 936, Sec. 153.705. Sec. 25, eff. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. Sec. 219), Sec. 1936), Sec. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. 1864), Sec. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. 260), Sec. 50 Miles Apart or Less | Office of the Attorney General Added by Acts 1999, 76th Leg., ch. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 2021 Standard Possession Order - Houston Divorce Lawyer Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. Sec. APPOINTMENT OF PARENTING COORDINATOR. 14, eff. family violence concerns. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. April 20, 1995. 153.314. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 1113 (H.B. 24, eff. Acts 2009, 81st Leg., R.S., Ch. 1390, Sec. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. 555), Sec. 916 (H.B. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. Sept. 1, 1997. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 15, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. 555), Sec. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. 153.3171. April 2, 2015. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting facilitation. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. 1181 (H.B. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. Sec. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. 20, Sec. 4, eff. 1113 (H.B. 2, eff. Acts 2005, 79th Leg., Ch. Sec. 4, eff. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. ORDER FOR FAMILY COUNSELING. Sec. 153.003. 1 (S.B. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. Sept. 1, 2003. 1036, Sec. Acts 2009, 81st Leg., R.S., Ch. April 2, 2015. DUTY TO PROVIDE INFORMATION. April 20, 1995. 1, eff. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). Sept. 1, 1997. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Standard & Expanded Possession Order Calendar in Texas - Family Lawyer September 1, 2009. (b) The court shall specify in the order the rights that a parent retains at all times. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. 1012), Sec. DEFINITIONS. 153.431. They will not automatically be granted their preferred custody arrangement as the court still must rule . September 1, 2009. AGREEMENT. 153.258. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 2, eff. Sec. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. 1, eff. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. 786, Sec. Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 3, eff. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. Amended by Acts 1997, 75th Leg., ch. (b) A grandparent may request possession of or access to a grandchild in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. 1, eff. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. September 1, 2013. 261), Sec. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. (3) "Parenting coordinator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.606 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures; and. 1.043, eff. 1, eff. September 1, 2009. Designation of Conservators . The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. September 1, 2007. 153.432. 20, Sec. 1237), Sec. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. Sec. ABDUCTION RISK FACTORS. 555), Sec. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. Acts 2007, 80th Leg., R.S., Ch. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. (2) if the parents are or will be separated, shall appoint at least one managing conservator. April 20, 1995. Sec. 153.014. 153.073. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. Designation of Conservators . (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. (b) The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator and the appointment is in the best interest of any minor child in the suit; and. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Acts 2005, 79th Leg., Ch. 260), Sec. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 781, Sec. 495), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. June 18, 2005. Sec. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 153.131. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. 1, eff. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 153.314 . 1036, Sec. 3, eff. 153.138. 1228), Sec. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. Sec. 1, eff. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. Sept. 1, 2001. Acts 2011, 82nd Leg., R.S., Ch. (d) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. 751, Sec. 751, Sec. 153.377. Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. 821), Sec. 845), Sec. 1, eff. 153.132. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 153.013. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. (3) a final order described by Section 155.001(b). (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. (6) is in the best interest of the child. 8, eff. 153.0071. 1113 (H.B. 751, Sec. Sept. 1, 1995. RIGHTS OF PARENT AT ALL TIMES. 1, eff. 3.01, eff. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 820), Sec. 153.001. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan.
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