916 (H.B. 153.312. 12(1), eff. 219), Sec. the child is under 3 and the noncustodial parent did not have frequent, ongoing . QUALIFICATIONS OF PARENTING COORDINATOR. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. 896 (H.B. 219), Sec. Acts 2017, 85th Leg., R.S., Ch. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. 1012), Sec. Amended by Acts 1999, 76th Leg., ch. 1181, Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. 29, eff. 555), Sec. September 1, 2005. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). Added by Acts 1995, 74th Leg., ch. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 153.607. (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. (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. Docket No. September 1, 2019. 153.003. The term does not include National Guard or Reserve annual training. REBUTTABLE PRESUMPTION. Sec. Added by Acts 1995, 74th Leg., ch. 1936), Sec. (C) maintain possession of the child's passport. 153.013. The Standard Possession Order is known as the "default" schedule. 27, eff. September 1, 2013. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 17, eff. 1. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. 20, Sec. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. 482 (H.B. COMPENSATION OF PARENTING COORDINATOR. 1936), Sec. Sec. 1, eff. September 1, 2007. 38, eff. 153.134. 751, Sec. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. 6, eff. Sept. 1, 2003. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. Amended by Acts 1999, 76th Leg., ch. 153.6102. 1036, Sec. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday. 1, eff. September 1, 2009. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1181 (H.B. 05-9107, June 13, 2005). 33, eff. September 1, 2017. 5, eff. 3, eff. Acts 2009, 81st Leg., R.S., Ch. FALSE REPORT OF CHILD ABUSE. Sec. Sec. 1113 (H.B. 21, eff. Acts 2005, 79th Leg., Ch. 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. 1.048, eff. 153.009. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. June 11, 2001. Sec. September 1, 2017. 484 (H.B. 25, eff. APPOINTMENT OF PARENTING COORDINATOR. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. 153.256. 1, eff. Added by Acts 2003, 78th Leg., ch. 786, Sec. 1113 (H.B. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. Sept. 1, 2003. (2) provides that the child's primary residence shall be within a specified geographic area. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. (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. 153.001. 14, eff. (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. (2) be licensed in good standing as an attorney in this state. 153.431. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. (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. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 261), Sec. 153.316. 153.074. Sec. 9, eff. 1289, Sec. 9, Sec. 153.701. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. April 20, 1995. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. June 18, 2005. BEST INTEREST OF CHILD. September 1, 2005. (B) any other method of voluntary dispute resolution. Sec. 236, Sec. This is a presumption that may be rebutted if not in the child's best interest. Sept. 1, 1999. (2) incorporated into an order signed by the court. Acts 2009, 81st Leg., R.S., Ch. QUALIFICATIONS OF PARENTING FACILITATOR. 153.252. 751, Sec. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 1390, Sec. 153.005. 36, eff. Sept. 1, 2003. (ii) is not appointed under another statute or a rule of civil procedure. (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. Sept. 1, 1997. September 1, 2005. Sec. 11, eff. September 1, 2021. (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. September 1, 2007. GENERAL TERMS AND CONDITIONS. 358 (H.B. ALTERNATE DISPUTE RESOLUTION PROCEDURES. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. Acts 2015, 84th Leg., R.S., Ch. 153.007. 1012), Sec. (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. Added by Acts 2021, 87th Leg., R.S., Ch. 2, eff. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 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. (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. 2, eff. April 20, 1995. Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. 1012), Sec. 1449), Sec. 252), Sec. June 17, 2011. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. September 1, 2007. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 949, Sec. 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. (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. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. Acts 2019, 86th Leg., R.S., Ch. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. Sec. Acts 2013, 83rd Leg., R.S., Ch. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. ORDER FOR FAMILY COUNSELING. 20, 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. (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. Acts 2007, 80th Leg., R.S., Ch. 751, Sec. (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. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. 2, eff. 1012), Sec. 153.251. 153.6083. 30, eff. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 153.601. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 555), 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. 20, Sec. 818), Sec. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 153.314. April 2, 2015. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. Texas Family Code - FAM 153.317. 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. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 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. Sept. 1, 2003. June 17, 2011. Acts 2009, 81st Leg., R.S., Ch. 153.373. Sec. 261), Sec. family violence concerns. The Court ORDERS each conservator to obey this Standard Possession Order. 1, eff. Sept. 1, 1995. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 3, eff. Amended by Acts 1997, 75th Leg., ch. Sec. 1, eff. 4, eff. 1 (S.B. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 153.313. Acts 2007, 80th Leg., R.S., Ch. Sec. PARENTS WHO RESIDE 100 MILES OR LESS APART. (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. POLICY AND GENERAL APPLICATION OF GUIDELINES. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. 1036, Sec. 751, Sec. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. 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. EXPEDITED HEARING. 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. 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. Added by Acts 1995, 74th Leg., ch. 153.503. 260), Sec. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 153.6081. 1, eff. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 236, Sec. April 20, 1995. 19, eff. 967 (S.B. (c) It is preferable for all children in a family to be together during periods of possession. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 781, Sec. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting facilitation. April 20, 1995. (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. The election may be made: (1) in a written document filed with the court; or. 219), Sec. Amended by Acts 1995, 74th Leg., ch. 11(2), 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. April 2, 2015. 751, Sec. (c) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. 1 (S.B. 1012), Sec. Amended by Acts 1995, 74th Leg., ch. (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. 1, eff. 1113 (H.B. 153.193. April 20, 1995. September 1, 2009. 153.6071. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 612, Sec. Sec. Designation of Conservators . Sec. 260), Sec. September 1, 2009. September 1, 2009. 1, eff. (b) A grandparent may request possession of or access to a grandchild 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. The court shall set the amount and condition the bond or security on compliance with the order. 1012), Sec. (2) that the agreement is not in the child's best interest. (C) for any other reason the court considers relevant. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. (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. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1113 (H.B. 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. 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. Sec. 1113 (H.B. (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). If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 153.432. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. 555), Sec. (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. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. 1036, Sec. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. Acts 2017, 85th 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 Added by Acts 1995, 74th Leg., ch. 555), Sec. 153.317. September 1, 2009. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 9, Sec. 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.