They will not automatically be granted their preferred custody arrangement as the court still must rule . Sec. (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. (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. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. Sec. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled Added by Acts 1995, 74th Leg., ch. 949, Sec. 37, eff. 751, Sec. June 20, 2003. Aug. 30, 1999; Acts 1999, 76th Leg., ch. September 1, 2017. (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. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. AGREEMENT. 751, Sec. (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. 153.314 Texas Family Code - FAM 153.314. 153.256. September 1, 2017. 1113 (H.B. 555), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (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. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. 555), Sec. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 1113 (H.B. (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. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 555), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. An offense under this subsection is a Class C misdemeanor. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (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 (C) 153.071. 153.601. Sec. April 20, 1995. (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. ENFORCEMENT. April 20, 1995. BEST INTEREST OF CHILD. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. Added by Acts 2001, 77th Leg., ch. 2, eff. April 20, 1995. Sec. 9, Sec. 8, eff. 25, eff. 1404), Sec. 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. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 9, Sec. September 1, 2009. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. 3203), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 22, eff. (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. 153.00715. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. WEEKEND POSSESSION EXTENDED BY HOLIDAY. Sec. Acts 2019, 86th Leg., R.S., Ch. (b) The report may not be admitted in evidence in a subsequent suit. 612, Sec. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 2, eff. 1, eff. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 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. (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. (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. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (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. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. 1. (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. 20, Sec. Acts 2019, 86th Leg., R.S., Ch. 1036, Sec. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). 153.312. What Exactly is a Standard Possession Order - McNamara Law Office 1193, Sec. Sept. 1, 1997. 4, eff. Sec. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. April 20, 1995. 2, eff. PDF Exhibit A: Standard Possession Order - Texas Law Help 1216), Sec. 1113 (H.B. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Sec. 153.608. September 1, 2011. 1864), Sec. 2, eff. 36, eff. (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. 586, Sec. Added by Acts 1995, 74th Leg., ch. 153.3115. Added by Acts 2011, 82nd Leg., R.S., Ch. INTERVIEW OF CHILD IN CHAMBERS. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. (13) any other evidence of the best interest of the child. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. (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. Added by Acts 1995, 74th Leg., ch. (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. Amended by Acts 1999, 76th Leg., ch. 1, eff. 153.607. Sec. 1012), Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Sept. 1, 1995. Acts 2021, 87th Leg., R.S., Ch. 484 (H.B. 1113 (H.B. Sept. 1, 2003. Sec. (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. 7, eff. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. Acts 2011, 82nd Leg., R.S., Ch. The election may be made: (1) in a written document filed with the court; or. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. The agreement must state whether the arbitration is binding or non-binding. 751, Sec. 50 miles or less. 1, eff. (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). September 1, 2007. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. 1113 (H.B. 33, eff. 1181 (H.B. 16, eff. April 20, 1995. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2001. June 18, 2005. 10, eff. 972 (S.B. April 20, 1995. Acts 2009, 81st Leg., R.S., Ch. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Amended by Acts 1997, 75th Leg., ch. 1, eff. 2, eff. Acts 2013, 83rd Leg., R.S., Ch. 10, eff. 260), Sec. 937, 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. 1, eff. Sec. April 20, 1995. Sec. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 12, eff. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 153.6101. 5, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. 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. 495), Sec. (C) maintain possession of the child's passport. New Visitation Law in Texas Added 50-Mile Category September 1 (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. June 18, 2005. 1012), Sec. 8, eff. 1150 (S.B. Added by Acts 1995, 74th Leg., ch. (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. (b) A nonparent possessory conservator has any other right or duty specified in the order. 1, eff. 916 (H.B. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. DUTIES OF PARENTING FACILITATOR. 1, eff. 1864), Sec. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. 1, eff. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 1237), Sec. 845), Sec. (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). 3, eff. 86 (S.B. September 1, 2009. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. Acts 2007, 80th Leg., R.S., Ch. PDF Exhibit A: Standard Possession Order - Texas Law Help Acts 2009, 81st Leg., R.S., Ch. Summer, holidays, and special days. 12(1), eff. (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. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. 907 (H.B. 219), Sec. 1113 (H.B. (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. Acts 2019, 86th Leg., R.S., Ch. 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. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 1, eff. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). September 1, 2007. 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. 787, 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. 482 (H.B. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. September 1, 2009. Sec. 1012), Sec. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. 330, Sec. 1.046, eff. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. 1, eff. Acts 2009, 81st Leg., R.S., 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 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. 3145), Sec. 11, eff. 20, eff. Sec. SUBCHAPTER I. Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (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. September 1, 2007. Sec. 555), Sec. (2) that the agreement is not in the child's best interest. 153.701. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, 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, and the managing conservator shall have possession for the same period in odd-numbered years; (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 30 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. 14, eff. 1036, Sec. Sec. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. 153.002. 9, eff. 20, Sec. Amended by Acts 1995, 74th Leg., ch. PARENTS WHO RESIDE 100 MILES OR LESS APART. September 1, 2009. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. 153.709. 260), Sec. (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. September 1, 2007. Sept. 1, 1995. (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. Designation of Conservators 153.133. 20, eff. (C) for any other reason the court considers relevant. 1166 (S.B. 236, Sec. 30, eff. 20, Sec. June 18, 2005. 28, eff. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. 1, eff. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html ABDUCTION RISK FACTORS. 15, eff. Sec. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 153.702. September 1, 2019. Acts 2015, 84th Leg., R.S., Ch. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. 2021 Standard Possession Order - Houston Divorce Lawyer 821), Sec. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. Added by Acts 2005, 79th Leg., Ch. Amended by Acts 1995, 74th Leg., ch. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 7, eff. 260), Sec. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. Sec. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (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. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer 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. Acts 2005, 79th Leg., Ch. PUBLIC POLICY. June 11, 2001. APPOINTMENT OF POSSESSORY CONSERVATOR. 1, eff. 1012), Sec. 1, eff. 1 (S.B. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. (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. 1, eff. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. Sec. 252), 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. April 20, 1995. 1, eff. 1, eff. family violence concerns. (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.
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