Texas Law. April 20, 1995. 733 (H.B. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (3-a) "Parenting facilitator" 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 153.6061 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 procedures that are not confidential; and. 8, eff. Designation of Conservators . 20, Sec. 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. (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) 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. Sec. 1181 (H.B. 1181 (H.B. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Sept. 1, 2003. September 1, 2009. Sec. 802, Sec. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. September 1, 2019. (d) The standard possession order is designed to apply to a child three years of age or older. Sec. 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. September 1, 2009. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 1012), Sec. April 20, 1995. 1, eff. 26, eff. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 1, eff. family violence concerns. (2) is in the best interest of the child. (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. Designation of Conservators A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. Sec. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 2, eff. Amended by Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. 1012), Sec. 153.001. 751, Sec. 1237), Sec. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. 787, Sec. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. 1113 (H.B. April 2, 2015. April 2, 2015. Sept. 1, 2003. Amended by Acts 1999, 76th Leg., ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. September 1, 2007. (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. 1036, Sec. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. Added by Acts 1995, 74th Leg., ch. 153.251. September 1, 2015. 1181 (H.B. 153.013. June 14, 2019. 555), Sec. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 11(2), eff. 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. April 2, 2015. 1113 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 421 (S.B. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. September 1, 2013. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. Sec. 2, eff. 1, eff. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. June 11, 2001. 6, eff. Added by Acts 1995, 74th Leg., ch. 1012), Sec. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. (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. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). Sec. 2, eff. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. TEMPORARY ORDERS. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. (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. September 1, 2011. April 20, 1995. ACCESS TO CHILD'S RECORDS. April 20, 1995. 20, Sec. 2, eff. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 1012), Sec. Sec. September 1, 2009. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 153.258. 3203), Sec. (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. 153.371. QUALIFICATIONS OF PARENTING FACILITATOR. 153.316. Added by Acts 2001, 77th Leg., ch. 1113 (H.B. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 1. Acts 2015, 84th Leg., R.S., Ch. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. 1012), Sec. 1012), Sec. 1 (S.B. 1, eff. April 20, 1995. (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. 27, eff. 1012), Sec. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. 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. 24, eff. 845), Sec. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. 1, 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. 20, Sec. Acts 2013, 83rd Leg., R.S., Ch. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. 1404), Sec. 1113 (H.B. Acts 2005, 79th Leg., Ch. 153.315. April 2, 2015. 555), Sec. 20, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 2003. 260), Sec. (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. 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. 1, eff. 1, eff. 751, Sec. 555), Sec. 1113 (H.B. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. 1, eff. 50 miles or less. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 1 (S.B. 817), Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. September 1, 2009. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately 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. September 1, 2005. 2, eff. (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. 10, eff. 1. June 17, 2011. 153.602. Sept. 1, 1999; Acts 2003, 78th Leg., ch. COMPENSATION OF PARENTING COORDINATOR. 1012), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. 1. April 20, 1995. 13, eff. April 20, 1995. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. 7, eff. 153.376. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. (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. DEFINITIONS. 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. 1193, Sec. The term does not include National Guard or Reserve annual training. 1449), Sec. 1, eff. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. Added by Acts 1995, 74th Leg., ch. 153.432. 1 (S.B. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. 751, Sec. SECURITY BOND. 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. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. Sec. No. Acts 2005, 79th Leg., Ch. (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. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. Sec. DEFINITIONS. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. April 20, 1995. 682 (H.B. 13, eff. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. Acts 2005, 79th Leg., Ch. (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. 916 (H.B. Added by Acts 1995, 74th Leg., ch. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. April 2, 2015. 1113 (H.B. (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. 1012), Sec. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 28, eff. Sec. 153.007. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 153.709. September 1, 2005. (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. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child 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. 550), Sec. 358 (H.B. 153.010. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). Docket No. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. Sept. 1, 2001. The court shall set the amount and condition the bond or security on compliance with the order. 15, eff. 30, eff. 3, eff. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. 12(1), eff. Amended by Acts 1995, 74th Leg., ch. 1012), Sec. Acts 2005, 79th Leg., Ch. 1390, Sec. Sec. April 2, 2015. 1181 (H.B. 1, eff. 1012), Sec. 1864), Sec. 153.005. INTERVIEW OF CHILD IN CHAMBERS. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. (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. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. Designation of Conservators . 1.049, eff. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. (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.
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