153.704. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sept. 1, 2003. 2, eff. 3, eff. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 1, eff. They will not automatically be granted their preferred custody arrangement as the court still must rule . September 1, 2013. 260), Sec. (2) is in the best interest of the child. 733 (H.B. 9, Sec. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. (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. September 1, 2007. 153.009. 1. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator 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. (B) any other method of voluntary dispute resolution. 421 (S.B. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. 1181 (H.B. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Added by Acts 1995, 74th Leg., ch. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday 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 Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday. 967 (S.B. QUALIFICATIONS OF PARENTING COORDINATOR. from the primary residence of the child/ren. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 907 (H.B. 05-9107, June 13, 2005). (2) be licensed in good standing as an attorney in this state. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. 1088 (S.B. The Court ORDERS that in this Possession Order the conservators are called Parent A and . June 14, 2019. 1193, Sec. 2, eff. 09-2021) Page 1 of 10 Standard Possession Order . The agreement must state whether the arbitration is binding or non-binding. Sept. 1, 2003. Sept. 1, 1999; Acts 2003, 78th Leg., ch. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Acts 2009, 81st Leg., R.S., Ch. Sec. (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. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (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. SECURITY BOND. (c) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the person has possession of the child; and. 153.134. 2, eff. 1113 (H.B. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Sec. 1036, Sec. June 15, 2007. 35, eff. 153.252. April 20, 1995. 1864), Sec. 153.133. 421 (S.B. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. 2, eff. 1237), Sec. 153.314. (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. 1.047, eff. 1181 (H.B. 1936), Sec. 1113 (H.B. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. 1113 (H.B. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), and (8). 1, eff. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 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. Sec. 3, eff. 2, eff. 845), Sec. 1036, Sec. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. September 1, 2007. 1181, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 751, Sec. 260), Sec. 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 (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. 20, Sec. 153.015. 751, Sec. 8, eff. 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. Designation of Conservators . Added by Acts 1995, 74th Leg., ch. 1113 (H.B. 261), Sec. 751, Sec. Sept. 1, 2003. 153.432. 22, eff. 555), Sec. (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. 3.01, eff. Sec. (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. 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. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. The report must be limited to a statement of whether the parenting coordination should continue. 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. 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. 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. 20, Sec. 13, eff. DUTIES OF PARENTING COORDINATOR. September 1, 2015. Sept. 1, 1999. 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). (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. 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. 12(1), eff. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 1, eff. September 1, 2009. (ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered; (4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled; (5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession; (6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned; (7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period; (8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and. (C) maintain possession of the child's passport. 153.372. 1351, Sec. 261), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1999. (3) a final protective order was rendered against a party. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 153.601. 1012), Sec. 2, eff. 21, eff. Acts 2009, 81st Leg., R.S., Ch. 153.005. 936, Sec. 5, eff. (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. (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. 1113 (H.B. (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. 896 (H.B. April 20, 1995. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. Sec. 8, eff. Sec. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. Sec. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or. Acts 2007, 80th Leg., R.S., Ch. 20, Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Sept. 1, 2003. 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 managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. Acts 2009, 81st Leg., R.S., Ch. Sec. 1012), Sec. 1. Sept. 1, 1999. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. (b) The report may not be admitted in evidence in a subsequent suit. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties.
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