DUTIES OF PARENTING COORDINATOR. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 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. 153.431. 20, eff. RIGHTS OF PARENT AT ALL TIMES. September 1, 2007. September 1, 2009. 1036, Sec. 818), Sec. April 2, 2015. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 1237), Sec. 20, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 99 (S.B. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 3, eff. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 1113 (H.B. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. (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. 2. (2) through an oral statement made in open court on the record. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. Sec. 20, Sec. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 1, eff. Sept. 1, 1995. 22, eff. (b) The court shall specify the rights and duties of a person appointed possessory conservator. (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. Sec. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. Sept. 1, 2003. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 236, Sec. September 1, 2013. 153.607. 23, eff. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. DUTY TO PROVIDE INFORMATION. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2009. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. 20, Sec. 1012), Sec. 1113 (H.B. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and. 153.015. 1113 (H.B. 260), Sec. 12(1), eff. 1397, Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. June 18, 2005. 178, Sec. 1, eff. (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. 484 (H.B. 153.009. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. 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. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 1, eff. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 153.072. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. September 1, 2007. April 20, 1995. 555), Sec. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 6, eff. September 1, 2015. (2) "Family violence" has the meaning assigned by Section 71.004. April 20, 1995. 1404), Sec. 16, eff. 28, eff. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. 153.703. 7, eff. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 2, eff. COMPENSATION OF PARENTING COORDINATOR. 751, Sec. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. 153.311. Sec. April 20, 1995. 5, eff. Docket No. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 2, eff. September 1, 2007. 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. 153.603. Added by Acts 1995, 74th Leg., ch. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. 727 (S.B. 2, eff. Acts 2009, 81st Leg., R.S., Ch. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. Sec. 153.371. Sec. April 20, 1995. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 907 (H.B. Amended by Acts 1997, 75th Leg., ch. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. 1012), Sec. (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. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. 555), Sec. Sept. 1, 2003. (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. 751, Sec. 153.005. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 153.071. (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. Sec. Designation of Conservators . 1, eff. 1113 (H.B. September 1, 2009. 153.003. April 2, 2015. September 1, 2007. (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. September 1, 2015. 153.6051. 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. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. 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. 153.004. 1113 (H.B. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives 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 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. September 1, 2009. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. 1113 (H.B. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 5, eff. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 219), Sec. Sept. 1, 1997. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 5, eff. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 153.073. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 153.317. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 153.075. Sec. 1 (S.B. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. September 1, 2007. 802, Sec. Sept. 1, 1999. Sec. Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 153.6101. September 1, 2009. Texas Family Code Sec. (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. Acts 2005, 79th Leg., Ch. 1113 (H.B. 1216), Sec. April 2, 2015. 153.707. Amended by Acts 1997, 75th Leg., ch. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 421 (S.B. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 555), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 24, eff. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. April 2, 2015. 20, Sec. Sept. 1, 1997. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Sec. 751, Sec. Amended by Acts 2003, 78th Leg., ch. 482 (H.B. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. 2, eff. 153.313. 1181, Sec. 495), Sec. Acts 2009, 81st Leg., R.S., Ch. 1.047, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2013. 1113 (H.B. Sec. 751, Sec. 4, eff. 153.253. POLICY AND GENERAL APPLICATION OF GUIDELINES. Acts 2005, 79th Leg., Ch. REPORT OF PARENTING FACILITATOR. 153.6102. Acts 2015, 84th Leg., R.S., Ch. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. (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.
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