Added by Acts 1999, 76th Leg., ch. 967 (S.B. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 7, eff. 1, eff. Added by Acts 2009, 81st Leg., R.S., Ch. The report must be limited to a statement of whether the parenting coordination should continue. 1113 (H.B. (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. Acts 2009, 81st Leg., R.S., Ch. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 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. 112 (H.B. 12, eff. QUALIFICATIONS OF PARENTING COORDINATOR. 3.01, eff. Acts 2013, 83rd Leg., R.S., Ch. 7, eff. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. 421 (S.B. (3) any other factor the court considers appropriate. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. (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. 228), Sec. April 2, 2015. 153.702. Sec. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. (C) for any other reason the court considers relevant. September 1, 2005. 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. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. 153.709. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. 1, eff. April 2, 2015. 20, Sec. 153.138. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. The Court ORDERS that this Modified 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 Modified Possession Order is attached. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. Sec. 1012), Sec. Acts 2007, 80th Leg., R.S., Ch. 153.311. 751, Sec. 22, eff. 495), Sec. APPOINTMENT OF PARENTING COORDINATOR. 28, eff. 153.251. 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. Sec. 153.707. 153.3101. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. 153.258. Sept. 1, 1999. Acts 2005, 79th Leg., Ch. Amended by Acts 1995, 74th Leg., ch. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. SUIT FOR ACCESS. Sept. 1, 1999. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. 13, eff. 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. 9, eff. Added by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. INTERVIEW OF CHILD IN CHAMBERS. GENERAL TERMS AND CONDITIONS. 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. Acts 2005, 79th Leg., Ch. Acts 2005, 79th Leg., Ch. 2, eff. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Acts 2007, 80th Leg., R.S., Ch. (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. After an objection is filed, a parenting coordinator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. 1.045, eff. Docket No. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 751, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 751, Sec. 20, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. (3) the terms and conditions of conservatorship and possession of and access to the child. September 1, 2013. 1181 (H.B. 26, eff. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 32, eff. Sec. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 1181 (H.B. Designation of Conservators . September 1, 2009. 1181 (H.B. 1113 (H.B. 153.6091. 936, Sec. 153.431. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. September 1, 2009. (13) any other evidence of the best interest of the child. April 20, 1995. 153.6071. 1113 (H.B. WEEKEND POSSESSION EXTENDED BY HOLIDAY. Acts 2009, 81st Leg., R.S., Ch. (a) If the conservator without the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. 11, eff. 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. Acts 2007, 80th Leg., R.S., Ch. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. 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. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. 2, eff. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Holiday Possession Unaffected by Distance Parents Reside Apart 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. 13, eff. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. Sec. 1. April 2, 2015. 3, eff. September 1, 2007. 153.315. 9, eff. 7, eff. 9, Sec. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 153.6082. Sept. 1, 2003. 153.316. Sec. 1167 (S.B. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 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. 1181 (H.B. Added by Acts 1995, 74th Leg., ch. 261), Sec. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 23, eff. 219), Sec. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 751, Sec. April 2, 2015. 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. (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. (6) is in the best interest of the child. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, 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, and the managing conservator shall have possession for the same period in odd-numbered years; (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 30 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. 949, Sec. (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 coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. September 1, 2007. Amended by Acts 1999, 76th Leg., ch. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 99 (S.B. June 17, 2011. Sec. 845), Sec. (2) "Family violence" has the meaning assigned by Section 71.004. 3203), Sec. 555), Sec. Added by Acts 1995, 74th Leg., ch. 6, eff. They will not automatically be granted their preferred custody arrangement as the court still must rule . September 1, 2021. Acts 2015, 84th Leg., R.S., Ch. 153.00715. (c) The parenting coordinator may not modify any order, judgment, or decree. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. Sept. 1, 1997. Added by Acts 2011, 82nd Leg., R.S., Ch. 555), 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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 20, Sec. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. 153.131. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. 2, eff. 4, eff. 1397, Sec. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential.
