After an objection is filed, a parenting coordinator 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. 482 (H.B. 153.606. 967 (S.B. 20, Sec. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 1113 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 1181, Sec. 153.6101. 1, eff. 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. Acts 2015, 84th Leg., R.S., Ch. 153.311. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 949, Sec. 1, eff. 178, Sec. April 20, 1995. 936, Sec. AGREED PARENTING PLAN. (C) maintain possession of the child's passport. 845), Sec. APPOINTMENT OF POSSESSORY CONSERVATOR. Acts 2005, 79th Leg., Ch. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 11(2), eff. 1012), Sec. 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. (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. 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. 1, eff. 13, eff. (3) a final protective order was rendered against a party. Added by Acts 2007, 80th Leg., R.S., Ch. The election may be made: (1) in a written document filed with the court; or. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search 153.134. June 18, 2005. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. Sept. 1, 1999. Sec. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 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. 7, eff. Sept. 1, 2003. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. 1, eff. 612, Sec. 1012), 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. 1228), Sec. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. Amended by Acts 1995, 74th Leg., ch. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 33, eff. September 1, 2021. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 1012), Sec. 774, Sec. 4, eff. 153.6031. 555), Sec. September 1, 2013. We have offices in Fort Bend County, Matagorda County, and Wharton . Acts 2005, 79th Leg., Ch. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. (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. 1237), Sec. (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. 733 (H.B. A record of the interview shall be part of the record in the case. September 1, 2009. 555), Sec. (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. 1036, Sec. 153.131. 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. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. April 20, 1995. 260), Sec. (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. September 1, 2011. Amended by Acts 1997, 75th Leg., ch. 555), Sec. Added by Acts 1995, 74th Leg., ch. 153.371. 38, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2009. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 1012), Sec. 2, eff. April 20, 1995. Sec. (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. 1, eff. Sec. Acts 2009, 81st Leg., R.S., Ch. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. Sec. Acts 2007, 80th Leg., R.S., Ch. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. 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. 1 (S.B. 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. (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. 2, eff. 1012), Sec. Added by Acts 1995, 74th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. 1, eff. (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. 555), Sec. April 20, 1995. 12, eff. September 1, 2009. 13, eff. ENFORCEMENT. Added by Acts 1999, 76th Leg., ch. 916 (H.B. (2) through an oral statement made in open court on the record. 733 (H.B. No. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare 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. 8, eff. 817), Sec. 20, Sec. 1228), Sec. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 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. April 20, 1995. Sec. September 1, 2019. 3203), Sec. 20, Sec. 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. 20, Sec. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 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. 153.432. Added by Acts 2009, 81st Leg., R.S., Ch. 6, eff. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. 1, eff. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does 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. 1181 (H.B. 555), Sec. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. 1 (S.B. 495), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. (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. 4, eff. Acts 2005, 79th Leg., Ch. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 1181 (H.B. COMPENSATION OF PARENTING FACILITATOR. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. FACTORS FOR COURT TO CONSIDER. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. PARENTS WHO RESIDE OVER 100 MILES APART. 1113 (H.B. 3, eff. Sec. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. They will not automatically be granted their preferred custody arrangement as the court still must rule . 7, eff. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. 2, eff. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. (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. Amended by Acts 2003, 78th Leg., ch. (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. Sept. 1, 1997. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. April 20, 1995. (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. 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. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. 153.132. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 3145), Sec. 3, eff. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. (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. 1936), Sec. 29, eff. 1289, Sec. Sept. 1, 1999. Acts 2015, 84th Leg., R.S., Ch. 26, eff. 236, Sec. September 1, 2009. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order. Added by Acts 1995, 74th Leg., ch. (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. 7, eff. (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. PUBLIC POLICY. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 555), Sec. 1, eff. September 1, 2007. 1, eff. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 153.251. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. 1113 (H.B. Amended by Acts 1997, 75th Leg., ch. (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. 1449), Sec. (2) incorporated into an order signed by the court. (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 Sec. 153.257. 3, eff. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. Sec. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 11(2), eff. 1, eff. APPOINTMENT OF PARENTING COORDINATOR. Acts 2009, 81st Leg., R.S., Ch. (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. 1237), Sec. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Added by Acts 2021, 87th Leg., R.S., Ch. 19, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. 1, eff. (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. Sec. Sept. 1, 2003. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 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. September 1, 2009. Added by Acts 1995, 74th Leg., ch. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. (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. 3203), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 786, Sec. 3, eff. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 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. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 09-2021) Page 1 of 10 Standard Possession Order . RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. April 2, 2015. 153.502. 1, eff. 1036, Sec. The court shall set the amount and condition the bond or security on compliance with the order. 482 (H.B. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 1113 (H.B. (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 25, eff. 279), Sec. 1. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. (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. 751, Sec. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. AGREEMENT. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. 20, Sec. September 1, 2007. 1036, Sec. 15, eff. (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 the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. (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.