Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. (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 coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. 1181 (H.B. 1113 (H.B. 219), Sec. 3, eff. 1936), Sec. EXPEDITED HEARING. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. 7, eff. Sec. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas September 1, 2007. (c) 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 without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (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 person has possession of the child; and. 1181 (H.B. 484 (H.B. 845), Sec. 11(2), eff. 2, eff. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. TEMPORARY ORDERS. April 20, 1995. (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. 23, eff. 1, eff. ABDUCTION RISK FACTORS. (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. 153.003. After an objection is filed, the suit may not be referred to mediation 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. (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. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 16, eff. September 1, 2009. (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. Amended by Acts 1995, 74th Leg., ch. 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. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 555), Sec. 7, eff. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1404), Sec. (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. 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. SUBCHAPTER I. 153.703. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 1181 (H.B. 751, Sec. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 1012), Sec. 555), Sec. 1181 (H.B. 1113 (H.B. 153.707. 1 (S.B. 1 (S.B. 252), Sec. Acts 2009, 81st Leg., R.S., Ch. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. Sec. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. 1, eff. INTERVIEW OF CHILD IN CHAMBERS. Added by Acts 2007, 80th Leg., R.S., Ch. 153.6082. 3, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. 153.3721. (C) maintain possession of the child's passport. 153.373. 1012), Sec. September 1, 2019. 1181 (H.B. 1, eff. Sec. Sept. 1, 1995. 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. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. 13, eff. (3) any other factor the court considers appropriate. 1012), Sec. ORDER FOR FAMILY COUNSELING. Acts 2015, 84th Leg., R.S., Ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. Added by Acts 2005, 79th Leg., Ch. 3145), Sec. Sec. 17, eff. 153.001. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 555), Sec. 2, eff. 751, Sec. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. from the primary residence of the child/ren. 1237), Sec. 153.503. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. 20, eff. 153.609. 20, Sec. September 1, 2007. 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) 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. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 1012), Sec. Amended by Acts 1997, 75th Leg., ch. 1, eff. 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. Acts 2015, 84th Leg., R.S., Ch. 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 . 1864), Sec. 1113 (H.B. (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. 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. (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. 1166 (S.B. Sept. 1, 1997. Acts 2015, 84th Leg., R.S., Ch. 1036, Sec. 20, Sec. 26, eff. 153.6031. 20, Sec. 916 (H.B. 153.607. (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. 1012), Sec. Amended by Acts 1999, 76th Leg., ch. (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. Sec. (d) The court may not consider the availability of electronic communication as a factor in determining child support. June 17, 2011. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER B. 153.252. September 1, 2007. (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. 18, eff. 153.138. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. The Standard Possession Order is known as the "default" schedule. 1, eff. PARENTS WHO RESIDE OVER 100 MILES APART. 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. June 20, 2003. 153.6081. 1, eff. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. September 1, 2021. 482 (H.B. (b) The court shall specify the rights and duties of a person appointed possessory conservator. An offense under this subsection is a Class C misdemeanor. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child 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. 261), Sec. 1181 (H.B. 421 (S.B. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 1113 (H.B. 7, eff. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. September 1, 2005. 4, eff. September 1, 2017. BEST INTEREST OF CHILD. 153.6051. TITLE 5. April 2, 2015. 28, eff. 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) 153.076. Added by Acts 1995, 74th Leg., ch. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer Sec. September 1, 2005. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 219), Sec. September 1, 2009. 733 (H.B. 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. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 2, eff. Sept. 1, 1997. September 1, 2009. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. PDF Standard Possession Order - Texas Law Help (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. (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. 2, eff. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that 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 if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. 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. Sec. (b) The report may not be admitted in evidence in a subsequent suit. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 277 (H.B. 1351, Sec. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 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. Acts 2021, 87th Leg., R.S., Ch. CHILD LESS THAN THREE YEARS OF AGE. DUTIES OF PARENTING COORDINATOR. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. September 1, 2017. 50 Miles Apart or Less | Office of the Attorney General 1, eff. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. (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. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. 9, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1.048, eff. 219), Sec. Sec. 1, eff. (c) It is preferable for all children in a family to be together during periods of possession. MEANS OF TRAVEL. 555), 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. 1.047, eff. 1113 (H.B. 1, eff. 1237), Sec. 577, Sec. 482 (H.B. PDF Exhibit A: Standard Possession Order - Texas Law Help 1, eff. September 1, 2007. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. September 1, 2009. Sec. Amended by Acts 1997, 75th Leg., ch. 1113 (H.B. 1, eff. 916 (H.B. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 555), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. 20, Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 260), Sec.
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