September 1, 2018. 751, Sec. 1 (S.B. 786, Sec. Amended by Acts 1995, 74th Leg., ch. Child Visitation and Possession Orders | Texas Law Help 153.00715. ENFORCEMENT. 936, Sec. 1012), Sec. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. Acts 2007, 80th Leg., R.S., Ch. 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. (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. 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. September 1, 2015. 6, eff. 153.075. 12(1), eff. 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. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 555), Sec. 4, eff. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Sec. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. (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. Added by Acts 1995, 74th Leg., ch. 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. (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. Sec. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001. (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. 277 (H.B. (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. 3, eff. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. Acts 2005, 79th Leg., Ch. September 1, 2021. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1012), Sec. 153.603. 153.373. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 555), Sec. 1113 (H.B. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. 5, eff. (3) the terms and conditions of conservatorship and possession of and access to the child. (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. Sec. 2, eff. 820), Sec. September 1, 2013. 7, eff. 1, eff. Sec. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. The agreement must state whether the arbitration is binding or non-binding. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 817), Sec. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. from the primary residence of the child/ren. Acts 2005, 79th Leg., Ch. Sept. 1, 2003. September 1, 2009. 3203), Sec. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. Added by Acts 1995, 74th Leg., ch. (2) is in the best interest of the child. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. 153.311. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. (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. 555), Sec. 1237), Sec. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 20, Sec. 2023 Texas Standard Possession Order for Parents and Children (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. 20, eff. 1036, Sec. 153.073. 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. ACCESS TO CHILD'S RECORDS. 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. 153.132. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 05-9107, June 13, 2005). September 1, 2007. 484 (H.B. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. 20, Sec. 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. 1, eff. (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. 1036, Sec. 1113 (H.B. Amended by Acts 1997, 75th Leg., ch. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. (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. 1.046, eff. 1113 (H.B. Sec. 260), Sec. Acts 2007, 80th Leg., R.S., Ch. 751, Sec. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 153.433. April 20, 1995. 1, eff. 14, eff. (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. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 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. 50 miles or less. 9, eff. 153.6082. Sec. Acts 2019, 86th Leg., R.S., Ch. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. 1113 (H.B. 5, eff. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 967 (S.B. 682 (H.B. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Sept. 1, 1997. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 153.012. 28, eff. Sept. 1, 1999. (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. 153.6071. 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. Sec. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (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). The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. Sec. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or. 13, eff. 3145), Sec. (2) provides that the child's primary residence shall be within a specified geographic area. Sec. (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. 153.257. 787, Sec. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 1, eff. Sec. Amended by Acts 1997, 75th Leg., ch. PDF Standard Possession Order - Texas Law Help 153.003. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. 555), Sec. 7, eff. 1036, Sec. 153.010. 727 (S.B. April 2, 2015. Added by Acts 1995, 74th Leg., ch. Sec. 1351, Sec. 1. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Sec. September 1, 2009. 153.607. (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. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. Acts 2007, 80th Leg., R.S., Ch. (b) A nonparent possessory conservator has any other right or duty specified in the order. 20, 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. 33, eff. (C) maintain possession of the child's passport. Added by Acts 1995, 74th Leg., ch. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator 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. 20, Sec. 20, Sec. (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. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. 153.253. 2, eff. 153.191. The Court ORDERS each conservator to obey this Standard Possession Order. PDF Exhibit A: Standard Possession Order - Texas Law Help COURT-ORDERED JOINT CONSERVATORSHIP. April 20, 1995. SUIT FOR ACCESS. 4, eff. Sept. 1, 1999. Sept. 1, 1999. Sept. 1, 1997. 612, Sec. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 751, Sec. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. 34, eff. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. 153.551. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. 1 (S.B. 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. Amended by Acts 1995, 74th Leg., ch. June 20, 2003. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. 7, eff. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. 1 (S.B. Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. PARENTS WHO RESIDE 100 MILES OR LESS APART. (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. 2, eff. April 20, 1995. 153.704. 1, eff. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. Sec. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. (b) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the designated person has possession of the child; and. September 1, 2007. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. September 1, 2021. 153.258. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. 3, eff. Sec. 277 (H.B. REPORT OF PARENTING FACILITATOR. 153.256. (2) the authority to exercise management and control of the suit. 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. Added by Acts 2005, 79th Leg., Ch. 153.009. Acts 2017, 85th Leg., R.S., Ch. QUALIFICATIONS OF PARENTING COORDINATOR. 50 Miles Apart or Less | Office of the Attorney General 1228), Sec. We have offices in Fort Bend County, Matagorda County, and Wharton . Added by Acts 1995, 74th Leg., ch. 153.702. 3, eff. April 20, 1995. Sept. 1, 1999. June 11, 2001. 20, Sec. (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. 3.01, 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. Sec. 7, eff. 1237), Sec. Sec. (2) if the parents are or will be separated, shall appoint at least one managing conservator. Sec. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. Acts 2005, 79th Leg., Ch. (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 Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2011. 751, Sec. September 1, 2005. 153.254. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (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. 2, eff. 153.074. 153.007. Acts 2011, 82nd Leg., R.S., Ch. Sec. June 15, 2007. 421 (S.B. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 1181 (H.B. (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. 1, eff. 1167 (S.B. 1 (S.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 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.
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