September 1, 2017. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. 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. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 20, Sec. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. 555), Sec. 1, eff. 482 (H.B. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. Added by Acts 1995, 74th Leg., ch. 153.254. Acts 2007, 80th Leg., R.S., Ch. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. September 1, 2009. 972 (S.B. (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 236, Sec. 916 (H.B. 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.
2021 Standard Possession Order - Houston Divorce Lawyer June 18, 2005. 555), Sec.
Custody & Visitation - Child Custody and Support - Guides at Texas FACTORS FOR COURT TO CONSIDER. 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. September 1, 2015. September 1, 2009. 751, Sec. REPORT OF PARENTING FACILITATOR. 751, Sec. April 20, 1995. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. Sec. 642, 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. (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. (C) maintain possession of the child's passport. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. September 1, 2009. 20, Sec. (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. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. 260), Sec. Amended by Acts 1997, 75th Leg., ch. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 555), Sec. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 907 (H.B. 260), Sec. Acts 2009, 81st Leg., R.S., Ch. 153.001. 1150 (S.B. (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. Sept. 1, 1995; Acts 2003, 78th Leg., ch. September 1, 2007. 3, eff. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator 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. 21, eff. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. Acts 2007, 80th Leg., R.S., 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. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. 12(1), eff. (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. September 1, 2007. 484 (H.B. 936, Sec. (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. ORDER FOR FAMILY COUNSELING. 1012), Sec. September 1, 2005. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. (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. (6) is in the best interest of the child. Sept. 1, 1997; Acts 1999, 76th Leg., ch. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. April 20, 1995. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. (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. 1, eff. ALTERNATE DISPUTE RESOLUTION PROCEDURES. MEANS OF TRAVEL. Sept. 1, 1995; Acts 1999, 76th Leg., ch. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 3, eff. (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. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. (4) the right to direct the moral and religious training of the child. 153.551. Sept. 1, 1999; Acts 2003, 78th Leg., ch. September 1, 2021. The Standard Possession Order is known as the "default" schedule. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 1012), Sec. April 20, 1995. 1113 (H.B. 751, Sec. 967 (S.B. 967 (S.B. 1181 (H.B. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. 1181 (H.B. 1181 (H.B. 12, eff. 727 (S.B. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. Acts 2005, 79th Leg., Ch. 20, Sec. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. Acts 2007, 80th Leg., R.S., Ch. (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. Sec. (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. 1864), Sec. Sept. 1, 1999. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. (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. Sept. 1, 1999. June 18, 2005. 11(2), eff. 1.043, eff. Sec. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 482 (H.B. September 1, 2017. 261), Sec. April 2, 2015. 1181 (H.B. Summer, holidays, and special days. September 1, 2011. 733 (H.B. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. Sec. September 1, 2011. 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. Acts 2009, 81st Leg., R.S., Ch. 2, eff. 7, eff. Sec. 949, Sec. 1113 (H.B. Sec. Added by Acts 1995, 74th Leg., ch. (C) for any other reason the court considers relevant. (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.
Child Visitation and Possession Orders | Texas Law Help 178, Sec. (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. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 153.6083. 1113 (H.B. 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. 1012), Sec. 1181 (H.B. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. Sec. 153.071. PARENTS WHO RESIDE OVER 100 MILES APART. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. 15, eff. 1113 (H.B. (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. April 20, 1995. September 1, 2007. 153.003. (13) any other evidence of the best interest of the child. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. April 20, 1995. 1, eff. 2, eff. 20, Sec. 22, eff. 153.375. 555), Sec. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. (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. DUTY TO PROVIDE INFORMATION. 153.004. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. Sec. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 153.607. 153.010. 7, eff. 1, eff. (B) any other method of voluntary dispute resolution. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. 219), Sec.
Texas Family Code - FAM 153.314 | FindLaw 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.