texas family code expanded standard possession order

STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. Acts 2015, 84th Leg., R.S., Ch. (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. 896 (H.B. 2, eff. 4, eff. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. Sec. No. 916 (H.B. 9, eff. 1036, Sec. (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. 845), Sec. 20, Sec. 555), Sec. Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 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. September 1, 2009. Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. September 1, 2005. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 1, eff. (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. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. Added by Acts 1995, 74th Leg., ch. April 20, 1995. (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. 3, eff. 20, Sec. 31, eff. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. Added by Acts 1995, 74th Leg., ch. 153.602. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. September 1, 2009. April 20, 1995. Acts 2007, 80th Leg., R.S., Ch. 3, eff. (ii) is not appointed under another statute or a rule of civil procedure. 896 (H.B. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 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. 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. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. Added by Acts 1995, 74th Leg., ch. 2, eff. September 1, 2007. New Visitation Law in Texas Added 50-Mile Category September 1 Acts 2013, 83rd Leg., R.S., Ch. TITLE 5. PUBLIC POLICY. 153.6091. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. 1449), Sec. Acts 2009, 81st Leg., R.S., Ch. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. Amended by Acts 1999, 76th Leg., ch. (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. 219), Sec. September 1, 2005. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. Acts 2007, 80th Leg., R.S., Ch. (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. 1012), Sec. 117 (S.B. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Sec. April 2, 2015. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. September 1, 2019. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. INTERVIEW OF CHILD IN CHAMBERS. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. Acts 2007, 80th Leg., R.S., 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. 1, eff. 1012), Sec. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 1, eff. 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. Sec. 99 (S.B. 27, eff. 751, Sec. (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. 1, eff. 1, eff. April 20, 1995. 12(1), eff. PDF Standard Possession Order - Texas Law Help September 1, 2005. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. Acts 2021, 87th Leg., R.S., Ch. Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (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). PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 3203), Sec. 26, eff. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. 555), Sec. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 1, eff. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 1113 (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. Amended by Acts 1999, 76th Leg., ch. 1, eff. 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. Sec. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. SUIT FOR ACCESS. (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. Sec. 153.133. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Added by Acts 1995, 74th Leg., 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. September 1, 2013. Sec. 1, eff. Sept. 1, 2003. September 1, 2017. 3145), Sec. COMPENSATION OF PARENTING COORDINATOR. (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. 178, Sec. 802, Sec. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 277 (H.B. 153.606. September 1, 2005. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. 112 (H.B. 153.009. Sec. 1.044, eff. 18, eff. (a) If the conservator with 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 render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. QUALIFICATIONS OF PARENTING COORDINATOR. (13) any other evidence of the best interest of the child. 2. 1113 (H.B. 153.002. Sec. 817), 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. 153.071. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. 153.316. (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. (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. September 1, 2009. 482 (H.B. 153.193. 1404), Sec. 1012), Sec. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 733 (H.B. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. 1041 (H.B. 751, Sec. (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. Amended by Acts 2003, 78th Leg., ch. Amended by Acts 1997, 75th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. Sec. 1113 (H.B. 916 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sec. 1113 (H.B. (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. (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. April 20, 1995. (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 facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. 1936), Sec. 50 Miles Apart or Less | Office of the Attorney General (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. Added by Acts 2009, 81st Leg., R.S., Ch. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. (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. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. April 2, 2015. Designation of Conservators . 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. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. DUTIES OF PARENTING COORDINATOR. June 18, 2005. 1150 (S.B. Sec. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. September 1, 2007. 751, Sec. Sept. 1, 1999. 20, Sec. 153.502. 1228), Sec. 261), Sec. 3, eff. 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. Sec. 1, eff. 845), Sec. (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. (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). 2, eff. 153.434. Sec. Standard Possession Order and Parenting Time | Texas Access (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 228), Sec. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. Added by Acts 1995, 74th Leg., ch. Sec. Designation of Conservators 1113 (H.B. Sec. (2) be licensed in good standing as an attorney in this state. 153.131. ACCESS TO CHILD'S RECORDS. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 751, Sec. SECURITY BOND. (B) any other method of voluntary dispute resolution. (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. (2) if the parents are or will be separated, shall appoint at least one managing conservator. APPOINTMENT OF PARENTING FACILITATOR.