949, Sec. September 1, 2009. September 1, 2009. Sept. 1, 1999. September 1, 2015. April 20, 1995. 3.01, eff. September 1, 2007. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 33, eff.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. 1088 (S.B. 153.001. COMPENSATION OF PARENTING COORDINATOR. 1012), Sec. Acts 2021, 87th Leg., R.S., Ch. 153.010. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. 20, Sec. Standard & Expanded Possession Order Calendar in Texas (2023) 1, eff. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 153.255. Acts 2013, 83rd Leg., R.S., Ch. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. The court shall set the amount and condition the bond or security on compliance with the order. (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. (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. (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. 555), Sec. Sept. 1, 1999. 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. 153.004. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. (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. 1, eff. 153.012. April 20, 1995. (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. 936, Sec. Sec. June 15, 2007. (2) incorporated into an order signed by the court. (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. (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. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. 153.3115. 14, eff. 2, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 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. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. 153.192. 1, eff. 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. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. April 2, 2015. 2, eff. 421 (S.B. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. 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. Acts 2007, 80th Leg., R.S., Ch. 219), Sec. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 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. 787, Sec. June 14, 2019. The agreement must state whether the arbitration is binding or non-binding. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). 219), Sec. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. Sept. 1, 2003. September 1, 2009. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. Acts 2011, 82nd 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 Sec. Acts 2005, 79th Leg., Ch. SECURITY BOND. 1, eff. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. (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. (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. 1041 (H.B. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. April 20, 1995. Sept. 1, 2003. 22, eff. Sec. September 1, 2009. The standard possession order options available to parents can change based on how far you live from one another. 25, eff. 1252 (H.B. April 20, 1995. 896 (H.B. September 1, 2009. 153.6071. REPORT OF PARENTING FACILITATOR. 916 (H.B. Added by Acts 2011, 82nd Leg., R.S., Ch. COMPENSATION OF PARENTING FACILITATOR. April 20, 1995. The term does not include National Guard or Reserve annual training. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. 228), Sec. Sept. 1, 1997. September 1, 2005. (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. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 3, eff. 555), Sec. 153.015. Sec. April 20, 1995. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. Added by Acts 1995, 74th Leg., ch. (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). 6, eff. (6) has a criminal history or a history of violating court orders. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 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. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 612, Sec. 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) 252), Sec. MEANS OF TRAVEL. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 13, eff. 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) 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. 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. ABDUCTION PREVENTION MEASURES. Acts 2009, 81st Leg., R.S., Ch. (c) Public funds may not be used to pay the fees of a parenting coordinator. Acts 2013, 83rd Leg., R.S., Ch. 261), Sec. 1113 (H.B. 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. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 553), Sec. (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. (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. Acts 2005, 79th Leg., Ch. 1936), Sec. (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. 20, eff. 1, eff. Sec. 153.6031. 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. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). Sec. Added by Acts 1995, 74th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1, eff. 330, Sec. TITLE 5. Acts 2005, 79th Leg., Ch. 751, Sec. 495), Sec. (2) if the parents are or will be separated, shall appoint at least one managing conservator. Sec. 1, eff. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 2, eff. 20, Sec. 2, eff. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. (3) "Parenting coordinator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.606 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures; and. 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. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 1, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. Texas Family Code Section 153.317 - Alternative Beginning and Ending Sept. 1, 1995; Acts 2003, 78th 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. Amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 818), Sec. 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 . 153.501. 153.135. 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. 18, eff. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. Sec. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. (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. 1181 (H.B. (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. Sec. 751, Sec. 1181 (H.B. (a) If the conservator with 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 render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. The Standard Possession Order is known as the "default" schedule. 1041 (H.B. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 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. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. September 1, 2017. 2, eff. 1012), Sec. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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, 2007. 1. 9, eff. Summer, holidays, and special days. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. 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. September 1, 2009. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. This subsection does not apply to suits filed under Chapter 262. 1397, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Parenting Time Schedule | Office of the Attorney General The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. CONSERVATORSHIP, POSSESSION, AND ACCESS. 967 (S.B. 50 miles or less. 153.257. 153.434. Sept. 1, 2001. 153.6081. 937, Sec. We have offices in Fort Bend County, Matagorda County, and Wharton . Sec. Amended by Acts 1997, 75th Leg., ch. 29, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1113 (H.B. 35, eff. TCLL - FM-Chil-306 Standard Possession Order (Rev. 1036, Sec. 28, eff. (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. Designation of Conservators . 153.611. September 1, 2005. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2003. 1113 (H.B. Texas Family Code Section 153.314 - Holiday Possession Unaffected by Sec. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. 3, eff. 153.011. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 149), Sec. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. Acts 2009, 81st Leg., R.S., Ch. Sec. Sec. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. (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. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. Sept. 1, 1999. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. (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. 555), Sec. 2, eff. September 1, 2005. (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. 972 (S.B. 153.00715. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. Sec. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 219), Sec. 1012), Sec. Section 153.009 of the Texas Family Code. 153.253. (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.
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