REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. (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. 3, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. 20, Sec. 1012), Sec. 260), Sec. 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. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. 1390, Sec. September 1, 2013. Sept. 1, 2003. (C) for any other reason the court considers relevant. 14, eff. Sec. 555), Sec. 20, Sec. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. Added by Acts 1995, 74th Leg., ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sec. 1113 (H.B. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. DUTIES OF PARENTING COORDINATOR. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. 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. (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. September 1, 2021. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 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. 786, Sec. 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. 279), Sec. June 18, 2005. Sept. 1, 1997. 20, Sec. BEST INTEREST OF CHILD. April 20, 1995. Added by Acts 2005, 79th Leg., Ch. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 818), 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. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 153.193. 1, eff. Designation of Conservators Added by Acts 2009, 81st Leg., R.S., Ch. 31, eff. (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. Acts 2005, 79th Leg., Ch. 2, eff. Acts 2015, 84th Leg., R.S., Ch. (b) 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 shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. 7, eff. 555), Sec. 11(2), eff. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. family violence concerns. Acts 2013, 83rd Leg., R.S., Ch. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. 9, eff. The Court ORDERS that this Modified 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 Modified Possession Order is attached. 1166 (S.B. April 20, 1995. 1, eff. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. Acts 2005, 79th Leg., Ch. 1156 (H.B. Acts 2007, 80th Leg., R.S., Ch. 949, Sec. April 20, 1995. 261), 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. 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. 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. 330, Sec. Added by Acts 1995, 74th Leg., ch. 153.252. Sec. (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. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 153.251. 642, Sec. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. 1, eff. 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. Added by Acts 1995, 74th Leg., ch. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. 19, eff. 3.01, 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. 5, eff. (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. 22, eff. 751, Sec. Added by Acts 1995, 74th Leg., ch. POLICY AND GENERAL APPLICATION OF GUIDELINES. 586, Sec. Sec. (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. 421 (S.B. June 18, 2005. 252), Sec. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. 1, eff. 1, eff. 15, eff. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (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. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. (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. 153.007. (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. September 1, 2013. 153.135. Sec. 6, eff. Designation of Conservators . Sept. 1, 1999; Acts 2003, 78th Leg., ch. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . 774, Sec. 4, eff. 1.044, eff. September 1, 2011. (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. The Standard Possession Order is known as the "default" schedule. Aug. 30, 1999; Acts 1999, 76th Leg., ch. CONSERVATORSHIP, POSSESSION, AND ACCESS. September 1, 2009. 20, Sec. Added by Acts 1995, 74th Leg., ch. 219), Sec. (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. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 6, eff. 577, Sec. Sec. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. 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. SECURITY BOND. Sec. 37, eff. Sec. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 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. Acts 2005, 79th Leg., Ch. 555), Sec. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. 1113 (H.B. Sept. 1, 1997. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. 1228), Sec. 153.073. 153.012. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 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 even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) 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 entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and. 1936), Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 2, eff. (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. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. Acts 2005, 79th Leg., Ch. 228), Sec. April 20, 1995. 1449), Sec. 153.317. 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. Acts 2007, 80th Leg., R.S., Ch. (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. 153.703. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 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. 751, Sec. Sec. 1 (S.B. 153.314. (b) The report may not be admitted in evidence in a subsequent suit. September 1, 2017. 1, eff. Added by Acts 1995, 74th Leg., ch. 20, Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 1351, Sec. 1.046, eff. Sept. 1, 2003. 781, Sec. 2, eff. 1, eff. (c) Public funds may not be used to pay the fees of a parenting coordinator. 153.014. 802, Sec. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 7, eff. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 153.434. 936, Sec. 1, eff. 153.607. (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. 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. COMPENSATION OF PARENTING COORDINATOR. Amended by Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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.