Acts 2005, 79th Leg., Ch. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. 2, eff. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. September 1, 2015. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. Amended by Acts 1997, 75th Leg., ch. 1012), Sec. 1, eff. 28, eff. 1, eff. April 2, 2015. 1181 (H.B. (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. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 153.312. 153.072. 2, eff. 261), Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. September 1, 2017. 2. Added by Acts 1995, 74th Leg., ch. September 1, 2007. 153.192. 16, eff. (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. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1, eff. September 1, 2009. 1012), 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. 482 (H.B. Section 153.009 of the Texas Family Code. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. 219), Sec. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. (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. (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. 153.6082. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. Acts 2015, 84th Leg., R.S., Ch. 907 (H.B. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 495), Sec. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 751, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. April 20, 1995. 2, eff. 820), Sec. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 1113 (H.B. September 1, 2009. 11, eff. 33, eff. 967 (S.B. 13, eff. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and. April 2, 2015. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. 2, eff. Amended by Acts 1997, 75th Leg., ch. PARENTS WHO RESIDE 100 MILES OR LESS APART. Added by Acts 2021, 87th Leg., R.S., Ch. the child is under 3 and the noncustodial parent did not have frequent, ongoing . TCLL - FM-Chil-306 Standard Possession Order (Rev. 1, eff. September 1, 2009. (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. 1216), Sec. 727 (S.B. Added by Acts 1995, 74th Leg., ch. 153.075. 153.0071. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. 7, 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). (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. (6) is in the best interest of the child. April 20, 1995. 495), Sec. 153.431. 916 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 3145), Sec. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. September 1, 2009. September 1, 2019. Sec. 1012), Sec. Sec. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. (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. Sec. 555), Sec. The standard possession order options available to parents can change based on how far you live from one another. Amended by Acts 1995, 74th Leg., ch. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. 802, Sec. 555), Sec. 12, eff. 36, eff. 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. 260), Sec. The agreement must state whether the arbitration is binding or non-binding. 23, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 153.013. Sec. (6) has a criminal history or a history of violating court orders. Sec. 1, eff. 20, eff. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. 1252 (H.B. 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. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. Acts 2007, 80th Leg., R.S., Ch. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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 (S.B. September 1, 2005. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (c) Public funds may not be used to pay the fees of a parenting coordinator. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. (C) for any other reason the court considers relevant. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. Sec. 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. Designation of Conservators . (b) The court may not appoint a parenting coordinator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting coordinator and the appointment is in the best interest of any minor child in the suit; and. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Sec. April 20, 1995. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 219), Sec. June 15, 2007. 153.005. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. family violence concerns. Acts 2009, 81st Leg., R.S., Ch. 1228), Sec. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return 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. 555), Sec. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 13, eff. June 17, 2011. 3, eff. Holiday Possession Unaffected by Distance Parents Reside Apart 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. Acts 2015, 84th Leg., R.S., Ch. 1404), Sec. Sept. 1, 2001. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 153.255. Sec. 3.01, eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 153.133. April 20, 1995. Acts 2011, 82nd Leg., R.S., Ch. June 20, 2003. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. Added by Acts 2005, 79th Leg., Ch. (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. 1864), Sec. Added by Acts 1995, 74th Leg., ch. 1012), Sec. Acts 2013, 83rd Leg., R.S., Ch. 153.315. 1113 (H.B. Sept. 1, 1995. Sept. 1, 2003. 1, eff. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. 117 (S.B. Acts 2007, 80th Leg., R.S., Ch. Sec. April 2, 2015. (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. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. (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. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. 153.007. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. April 20, 1995. A record of the interview shall be part of the record in the case. 751, Sec. (d) The parenting facilitator may not modify any order, judgment, or decree. September 1, 2011. AGREEMENT. (b) The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator and the appointment is in the best interest of any minor child in the suit; and. (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. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 553), Sec. 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. 153.3101. 153.314 . Sept. 1, 2003. 1012), Sec. 1012), Sec. (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. 20, Sec. (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. 555), Sec. (c) 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 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. 9, eff. 751, Sec. 1, eff. 153.313. Sec. Sec. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. 1, eff. 7, eff. 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. 153.6031. (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. 153.004. 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. (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. (13) any other evidence of the best interest of the child. 1, eff. (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. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., 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. 153.607. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 3, eff. (B) any other method of voluntary dispute resolution. April 20, 1995. Added by Acts 2009, 81st 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.
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