Sec. 20, Sec. 1, eff. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. 1181 (H.B. 8, eff. 153.311. Acts 2005, 79th 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. Amended by Acts 1995, 74th Leg., ch. 1036, Sec. April 20, 1995. September 1, 2009. 1156 (H.B. 1012), Sec. 1113 (H.B. 751, Sec. 1, eff. 1 (S.B. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or (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. PDF Standard Possession Order - Texas Law Help 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. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . (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 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) 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 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 (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Amended by Acts 1997, 75th Leg., ch. 4, eff. 117 (S.B. New Visitation Law in Texas Added 50-Mile Category September 1 Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. 1 (S.B. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. A record of the interview shall be part of the record in the case. (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. 153.001. 14, 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. Designation of Conservators . 421 (S.B. 153.073. April 2, 2015. 774, Sec. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. 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 does not include National Guard or Reserve annual training. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 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. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. 3, eff. FACTORS FOR COURT TO CONSIDER. 153.007. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 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. September 1, 2009. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. (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 2005, 79th Leg., Ch. 818), Sec. Amended by Acts 1995, 74th Leg., ch. (B) any other method of voluntary dispute resolution. This is a presumption that may be rebutted if not in the child's best interest. 1, eff. Sec. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 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, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do 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. September 1, 2005. Sec. Acts 2015, 84th Leg., R.S., Ch. (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. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. September 1, 2015. (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), (8), and (9). Sept. 1, 1999. 1, eff. 153.315. 1012), Sec. Sec. September 1, 2005. (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. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. 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. September 1, 2017. 153.704. 6, eff. 751, Sec. 219), Sec. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. No. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. What Is Extended Summer Possession in Texas? - Law Office of Brett H September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 645, Sec. 153.009. (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. (b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. 1113 (H.B. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled Amended by Acts 1997, 75th Leg., ch. (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. Sec. DUTIES OF PARENTING FACILITATOR. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1036, Sec. Sept. 1, 1999. 495), Sec. 153.3171. CONSERVATORSHIP, POSSESSION, AND ACCESS. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. 153.6071. 20, Sec. What Exactly is a Standard Possession Order - McNamara Law Office Sec. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. 555), Sec. September 1, 2018. (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. Sec. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 153.015. 15, eff. APPOINTMENT OF PARENTING COORDINATOR. Sec. 1012), Sec. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. 35, eff. Acts 2021, 87th Leg., R.S., Ch. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 20, Sec. 20, Sec. Amended by Acts 1999, 76th Leg., ch. September 1, 2009. Sec. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 149), Sec. June 20, 2003. 1.044, eff. (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). 727 (S.B. (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. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. ABDUCTION PREVENTION MEASURES. April 20, 1995. (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. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. (2) that the agreement is not in the child's best interest. 2, eff. Sept. 1, 1997. 1012), Sec. DEFINITIONS. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 2, eff. 1 (S.B. 1, eff. (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. 153.014. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 7, eff. 2, eff. QUALIFICATIONS OF PARENTING COORDINATOR. REPORT OF PARENTING COORDINATOR. 20, Sec. We have offices in Fort Bend County, Matagorda County, and Wharton . 153.131. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. 260), Sec. 7, eff. 219), 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. 936, Sec. TITLE 5. (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. 219), 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. (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. Added by Acts 1995, 74th Leg., ch. 153.133. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 153.138. 1181 (H.B. September 1, 2009. (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. Sec. 1, eff. September 1, 2005. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. (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. 1, eff. 20, eff. 786, Sec. Added by Acts 1995, 74th Leg., ch. (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 21, eff. 1191 (H.B. 10, eff. September 1, 2019. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. (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. September 1, 2013. 1181 (H.B. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . Designation of Conservators . 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. Acts 2007, 80th Leg., R.S., 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. Sept. 1, 2003. 25, eff. 586, Sec. June 18, 2005. 1, eff. 916 (H.B. Sec. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. Sec. 1397, Sec. September 1, 2019. 10, eff. REPORT OF PARENTING FACILITATOR. 09-2021) Page 1 of 10 Standard Possession Order . Acts 2017, 85th Leg., R.S., Ch. 29, eff. 14, eff. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. 153.434. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. 2, eff. 1012), Sec. 12(1), eff. Acts 2009, 81st Leg., R.S., Ch. 252), Sec. 2, eff. 751, Sec. 612, Sec. 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. Sec. 153.006. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. Texas Family Code Sec. 12(1), eff. 153.709. 896 (H.B. 153.132. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 153.256. 1864), Sec. 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. 153.075. Sec. 916 (H.B. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). September 1, 2007. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. 802, Sec. 484 (H.B. The report must be limited to a statement of whether the parenting coordination should continue. 555), Sec. 153.3721. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . 1, eff. EXPEDITED HEARING. (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.
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