(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. 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. 555), Sec. September 1, 2009. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). September 1, 2009. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. 484 (H.B. APPOINTMENT OF POSSESSORY CONSERVATOR. (3) the terms and conditions of conservatorship and possession of and access to the child. 751, Sec. 2, eff. 153.012. 153.609. September 1, 2015. 751, Sec. Added by Acts 1995, 74th Leg., ch. (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. 7, eff. APPOINTMENT OF PARENTING COORDINATOR. Sept. 1, 2003. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. (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. 153.074. 1864), Sec. The Court ORDERS each conservator to obey this Standard Possession Order. Acts 2009, 81st Leg., R.S., Ch. 1, eff. (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. 1, eff. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. 252), Sec. (2) through an oral statement made in open court on the record. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 25, eff. 1181 (H.B. 10, eff. 555), Sec. 1, eff. 4, eff. 153.6083. The court shall set the amount and condition the bond or security on compliance with the order. 153.013. 2, eff. September 1, 2005. (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. Sec. 1449), Sec. Acts 2017, 85th Leg., R.S., Ch. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. 18, eff. 1, eff. Sec. 36, eff. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. 153.076. April 20, 1995. (2) provides that the child's primary residence shall be within a specified geographic area. 555), Sec. Sept. 1, 1995. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 2, eff. April 20, 1995. 219), Sec. 153.433. 20, Sec. 153.610. Added by Acts 1995, 74th Leg., ch. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. (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. September 1, 2007. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Acts 2009, 81st Leg., R.S., Ch. 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. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. PUBLIC POLICY. 1.049, eff. Acts 2009, 81st Leg., R.S., Ch. 153.317. Sec. Added by Acts 1995, 74th Leg., ch. After an objection is filed, the suit may not be referred to mediation 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. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. Sec. 153.015. September 1, 2009. 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. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. 7, eff. September 1, 2013. (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. (2) incorporated into an order signed by the court. 153.192. 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. 153.372. 555), Sec. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. AGREED PARENTING PLAN. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1999. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. April 2, 2015. (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. (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. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. September 1, 2013. 1, eff. 2, eff. 153.014. (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. Acts 2015, 84th Leg., R.S., Ch. 555), Sec. 1 (S.B. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. 20, Sec. 153.011. 30, eff. Sec. (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. (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. 916 (H.B. 550), Sec. 1, eff. September 1, 2021. Designation of Conservators . This subsection does not apply to suits filed under Chapter 262. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Acts 2011, 82nd Leg., R.S., Ch. (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. 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. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. 1.047, eff. They will not automatically be granted their preferred custody arrangement as the court still must rule . Sec. 153.374. 153.607. 153.002. Sec. Sec. 236, Sec. 1012), Sec. (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. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 1012), Sec. 236, Sec. (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. 13, eff. Added by Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. (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. Acts 2005, 79th Leg., Ch. COMPENSATION OF PARENTING FACILITATOR. 153.431. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 117 (S.B. Sec. 5, eff. (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. POSSESSION OF OR ACCESS TO GRANDCHILD. 1012), Sec. April 20, 1995. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. DEFINITIONS. (b) 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 described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (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 designated person has possession of the child; and. Added by Acts 2005, 79th Leg., Ch. This is a presumption that may be rebutted if not in the child's best interest. April 20, 1995. DUTIES OF PARENTING COORDINATOR. June 14, 2019. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. RIGHTS OF PARENT AT ALL TIMES. 1113 (H.B. 1237), Sec. 751, Sec. 1864), Sec. 3203), Sec. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. 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. 149), Sec. September 1, 2017. 153.6091. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. 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. 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. 9, eff. An offense under this subsection is a Class C misdemeanor. (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. April 20, 1995. 555), Sec. September 1, 2017. (b) The report may not be admitted in evidence in a subsequent suit. 153.705. September 1, 2005. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. (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. 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. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 967 (S.B. April 20, 1995. Sec. 1012), Sec. 1, eff. Sec. 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. 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 election may be made: (1) in a written document filed with the court; or. 28, eff. Amended by Acts 1997, 75th Leg., ch. (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. Amended by Acts 1995, 74th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 153.006. 20, Sec. 11, eff. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (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 (C) Amended by Acts 1997, 75th Leg., ch. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . Sec. Acts 2005, 79th Leg., Ch. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. TEMPORARY ORDERS. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 3, eff. 153.601. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. June 18, 2005. 153.314 . Added by Acts 2009, 81st Leg., R.S., Ch. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 153.312. 1216), Sec. 1, eff. September 1, 2007. (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. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 6, eff. June 17, 2011. Amended by Acts 1995, 74th Leg., ch. Sec. Acts 2009, 81st Leg., R.S., Ch. 20, eff. September 1, 2009. 1012), Sec. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 1252 (H.B. 1181 (H.B. 3, eff. 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. 817), Sec. 27, eff. 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. 149), Sec. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. Amended by Acts 1997, 75th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The Court ORDERS that in this Possession Order the conservators are called Parent A and . (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.

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