2, eff. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. (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. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 495), Sec. September 1, 2009. 219), Sec. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 3, eff. 845), Sec. (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. 9, eff. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 421 (S.B. September 1, 2005. 252), Sec. Sec. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 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. 1113 (H.B. Designation of Conservators . 1113 (H.B. QUALIFICATIONS OF PARENTING COORDINATOR. (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. Sec. Sec. 1036, Sec. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. 50 miles or less. 1036, Sec. 09-2021) Page 1 of 10 Standard Possession Order . Sec. September 1, 2005. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (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. Sec. 1237), Sec. September 1, 2009. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 28, eff. 751, Sec. (d) The parenting facilitator may not modify any order, judgment, or decree. Sec. 20, Sec. 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. 1, eff. Acts 2009, 81st Leg., R.S., Ch. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. Sec. 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. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. April 2, 2015. 260), Sec. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Added by Acts 2001, 77th Leg., ch. September 1, 2005. (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. September 1, 2021. 270), Sec. 1181 (H.B. 153.377. 1, eff. 153.015. Sec. September 1, 2021. (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. September 1, 2007. EQUAL POSSESSION NOT REQUIRED. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. Amended by Acts 1995, 74th Leg., ch. Designation of Conservators . 1.047, eff. 236, Sec. 1, eff. 153.007. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 682 (H.B. 153.252. (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). SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. 22, eff. Sec. 153.373. April 20, 1995. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 1036, Sec. 153.3721. 2, eff. 153.606. 153.004. Amended by Acts 1995, 74th Leg., ch. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. QUALIFICATIONS OF PARENTING FACILITATOR. 153.376. Acts 2009, 81st Leg., R.S., Ch. 1289, Sec. Sec. (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. (b) The report may not be admitted in evidence in a subsequent suit. 561, Sec. 153.705. Sec. (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. (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. 153.6051. 916 (H.B. 1, eff. 1. 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. (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. 6, eff. September 1, 2007. Added by Acts 1995, 74th Leg., ch. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. (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 DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 20, Sec. 1.044, eff. 949, Sec. (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, eff. Sec. 1113 (H.B. 1, eff. June 17, 2011. 05-9107, June 13, 2005). STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. April 2, 2015. 1216), Sec. 153.6083. Designation of Conservators . (13) any other evidence of the best interest of the child. (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. September 1, 2005. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. Added by Acts 2005, 79th Leg., Ch. 330, Sec. (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. Acts 2019, 86th Leg., R.S., Ch. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. (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. September 1, 2007. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. Added by Acts 1995, 74th Leg., ch. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. September 1, 2009. September 1, 2009. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Added by Acts 1995, 74th Leg., ch. 112 (H.B. 153.611. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). September 1, 2009. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. 153.311. (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. (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. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 13, eff. 1, eff. 153.073. 20, Sec. 1036, Sec. 11, eff. 1, eff. Acts 2007, 80th Leg., R.S., Ch. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (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. (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. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 2, eff. Sec. (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. 1113 (H.B. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. 1012), Sec. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. 7, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. 36, eff. 153.003. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 1449), Sec. Sept. 1, 1999. (c) It is preferable for all children in a family to be together during periods of possession. Added by Acts 2003, 78th Leg., ch. Aug. 30, 1999; Acts 1999, 76th Leg., ch. Sec. 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. 33, eff. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 949, Sec. 1, eff. June 14, 2019. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 936, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. 1228), Sec. Sec. September 1, 2007. The Court ORDERS that 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. (C) maintain possession of the child's passport. 1936), Sec. 10, eff. Sec. Sec. Added by Acts 1999, 76th Leg., ch. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. 1. 818), Sec. Acts 2005, 79th Leg., Ch. 1, eff. 153.3101. No. (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. 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. 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. Sec. Amended by Acts 1995, 74th Leg., ch. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. 9, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 153.257. 1404), Sec. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 896 (H.B. April 20, 1995. The report must be limited to a statement of whether the parenting coordination should continue. 14, eff. TITLE 5. 3145), Sec. COMPENSATION OF PARENTING COORDINATOR. 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. Sec. 1390, Sec. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. 153.076. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. September 1, 2007. A record of the interview shall be part of the record in the case. 1, eff. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 937, Sec. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. 1181 (H.B. 1181 (H.B. 555), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 1 (S.B. 1, eff. Sept. 1, 2003. Sec. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting facilitation. 5, eff. 3203), Sec. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 20, Sec. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (2) provides that the child's primary residence shall be within a specified geographic area. (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. Acts 2019, 86th Leg., R.S., Ch. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. June 17, 2011. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. Acts 2005, 79th Leg., Ch. POLICY AND GENERAL APPLICATION OF GUIDELINES. 1.046, eff. 1193, Sec. April 20, 1995. 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. 17, eff. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. September 1, 2015. 153.610. September 1, 2015. Amended by Acts 1997, 75th Leg., ch. 787, Sec. September 1, 2017. (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 153.701. Sec. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. (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. 260), Sec. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 1864), Sec. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. (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. Sept. 1, 2001. Sec. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. Acts 2005, 79th Leg., Ch. June 15, 2007. Sec. 20, Sec. 4, eff. 20, Sec. (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. 553), Sec. 2, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. 2, eff. Amended by Acts 1997, 75th Leg., ch. (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. 7, eff. Sept. 1, 1995. 1012), Sec. 1113 (H.B. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. Acts 2009, 81st Leg., R.S., Ch. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. Acts 2015, 84th Leg., R.S., Ch. 727 (S.B. Sept. 1, 2003. September 1, 2009. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and.