967 (S.B. 153.071. 1, eff. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 484 (H.B. 330, Sec. 751, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. (b) A grandparent may request possession of or access to a grandchild 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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 25, eff. June 14, 2019. 153.373. 12, eff. 751, Sec. 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. 153.076. 1, eff. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 936, Sec. 153.6031. PARENTS WHO RESIDE 100 MILES OR LESS APART. Sept. 1, 1997. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 153.009. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. 153.6091. 153.3101. 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. ABDUCTION PREVENTION MEASURES. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. Added by Acts 1995, 74th Leg., ch. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 153.6082. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Added by Acts 1995, 74th Leg., ch. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. POSSESSION OF OR ACCESS TO GRANDCHILD. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. 3, eff. April 20, 1995. 21, eff. 2, eff. 153.6081. September 1, 2009. 270), Sec. 1216), Sec. April 20, 1995. 896 (H.B. 1, eff. 26, eff. (6) is in the best interest of the child. 20, eff. 2, eff. (ii) is not appointed under another statute or a rule of civil procedure. Sept. 1, 1997; Acts 1999, 76th Leg., ch. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 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. (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. September 1, 2007. 10, eff. (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. April 2, 2015. Acts 2005, 79th Leg., Ch. 967 (S.B. Sec. 153.0071. 1113 (H.B. September 1, 2015. 1036, Sec. 1, eff. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. Sec. (2) is in the best interest of the child. (C) for any other reason the court considers relevant. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 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 coordination. 252), Sec. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 9, eff. 612, Sec. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 23, eff. April 20, 1995. Sept. 1, 2003. 1, eff. (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. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. 555), Sec. 1.047, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. April 20, 1995. 1237), Sec. 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. 24, eff. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. Sept. 1, 2003. ORDER FOR FAMILY COUNSELING. Sept. 1, 1997. 642, Sec. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 555), Sec. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. September 1, 2005. September 1, 2009. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1404), Sec. 1012), Sec. 577, Sec. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. 1. 29, eff. 10, eff. June 11, 2001. 8, eff. Sept. 1, 2003. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 1, eff. 99 (S.B. 1, eff. (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). 555), Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 20, eff. Acts 2019, 86th Leg., R.S., Ch. (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. 2, eff. Added by Acts 1995, 74th Leg., ch. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. September 1, 2007. CHILD LESS THAN THREE YEARS OF AGE. Added by Acts 1995, 74th Leg., ch. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. 1181 (H.B. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. (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. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 228), Sec. (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. Sec. 1012), Sec. POLICY AND GENERAL APPLICATION OF GUIDELINES. 1, eff. 751, Sec. 153.372. Acts 2005, 79th Leg., Ch. 153.501. (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. 37, eff. PUBLIC POLICY. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. Amended by Acts 1997, 75th Leg., ch. family violence concerns. The court shall set the amount and condition the bond or security on compliance with the order. 1113 (H.B. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Acts 2005, 79th Leg., Ch. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. 1, eff. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. (13) any other evidence of the best interest of the child. 10, eff. Sec. This subsection does not apply to suits filed under Chapter 262. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. (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. Added by Acts 1995, 74th Leg., ch. 845), Sec. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. Acts 2005, 79th Leg., Ch. Sept. 1, 1999. (2) incorporated into an order signed by the court. 1036, Sec. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. (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. DEFINITIONS. 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. Acts 2015, 84th Leg., R.S., Ch. (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. Sec. 1088 (S.B. 50 miles or less. Acts 2009, 81st Leg., R.S., Ch. 2, eff. AGREED PARENTING PLAN. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 495), Sec. (d) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 1113 (H.B. Acts 2021, 87th Leg., R.S., Ch. 1289, Sec. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. Added by Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2001. 20, Sec. (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. Sec. (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. 553), Sec. A record of the interview shall be part of the record in the case. Acts 2007, 80th Leg., R.S., Ch. 1012), Sec. 555), Sec. (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. Added by Acts 2009, 81st Leg., R.S., Ch. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. 11, eff. 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. (2) the authority to exercise management and control of the suit. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. 153.3171. September 1, 2009. September 1, 2009. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. (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. 967 (S.B. Texas Law. Sec. 1012), Sec. Acts 2015, 84th Leg., R.S., Ch. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 586, Sec. Acts 2009, 81st Leg., R.S., Ch. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. Acts 2009, 81st Leg., R.S., Ch. 916 (H.B. 153.256. 153.701. 6, eff. 1, eff. 15, eff. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html Added by Acts 1995, 74th Leg., ch. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 153.610. Acts 2015, 84th Leg., R.S., Ch. 153.704. SUIT FOR ACCESS. 555), Sec. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. 11(2), eff. (2) through an oral statement made in open court on the record. Sec. Sec. 1012), 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 Acts 2011, 82nd Leg., R.S., Ch. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 32, eff. April 20, 1995. (2) provides that the child's primary residence shall be within a specified geographic area. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Added by Acts 1995, 74th Leg., ch. 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. (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. Sec. 14, eff. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 3, eff. April 2, 2015. Sec. 1, eff. EXPEDITED HEARING. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. (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. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. Sec. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 1936), Sec. 219), Sec. 1.043, eff. September 1, 2019. Added by Acts 2001, 77th Leg., ch. 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. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Sept. 1, 1995. 13, eff. Sec. TITLE 5. 260), Sec. MEANS OF TRAVEL. 7, eff. Acts 2013, 83rd Leg., R.S., Ch. PARENTS WHO RESIDE OVER 100 MILES APART. 1012), Sec. September 1, 2007. 153.072. This is a presumption that may be rebutted if not in the child's best interest. Sec. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Sec. 820), Sec. 153.253. 1113 (H.B. 260), Sec. Sept. 1, 1995. Added by Acts 2009, 81st Leg., R.S., Ch. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. 20, Sec. (c) It is preferable for all children in a family to be together during periods of possession. 751, Sec. (2) if the parents are or will be separated, shall appoint at least one managing conservator. Sec. September 1, 2009. (4) the right to direct the moral and religious training of the child. Sec. FALSE REPORT OF CHILD ABUSE. Acts 2009, 81st Leg., R.S., Ch. 555), Sec. 153.371. 1036, Sec. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. (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. April 20, 1995. (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.
David Rennie Obituary,
Texas A&m Corps Of Cadets Packing List,
Sample Ballot Chesterfield County, Va,
Restoration Hardware Apothecary,
Articles T
texas family code expanded standard possession order