(c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. 1012), Sec. 8, eff. 1012), Sec. 1864), Sec. 20, Sec. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. 1166 (S.B. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. (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. 153.135. 1036, Sec. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. 1, eff. 153.311. (b) The court shall specify the rights and duties of a person appointed possessory conservator. (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. 1113 (H.B. 20, eff. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. Sec. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. Acts 2011, 82nd Leg., R.S., Ch. (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. 1088 (S.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. 153.703. CHILD LESS THAN THREE YEARS OF AGE. After an objection is filed, a parenting facilitator 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. (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. 153.317. 1.046, eff. 153.071. 153.434. Acts 2005, 79th Leg., 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. (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. The agreement must state whether the arbitration is binding or non-binding. April 20, 1995. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. April 20, 1995. 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. 967 (S.B. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Sec. 153.006. 153.131. 1 (S.B. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 482 (H.B. 261), Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. 153.005. 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. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 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. 16, eff. 11(2), eff. Section 153.009 of the Texas Family Code. Acts 2009, 81st Leg., R.S., Ch. (C) for any other reason the court considers relevant. 1012), Sec. September 1, 2005. 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. Sept. 1, 1995. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 20, Sec. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 261), Sec. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 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; and. 17, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. TEMPORARY ORDERS. Added by Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. 577, Sec. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 1, eff. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 153.6082. ABDUCTION RISK FACTORS. 153.314. 787, Sec. Added by Acts 1995, 74th Leg., ch. MEANS OF TRAVEL. 1012), Sec. 2, eff. 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. Sec. 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. (6) is in the best interest of the child. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. June 17, 2011. 781, 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. 845), Sec. Sept. 1, 1999. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. 1012), Sec. 1228), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. (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. Sec. Acts 2009, 81st Leg., R.S., Ch. 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. 1, eff. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. 153.314 . 18, eff. Sec. 555), Sec. 153.431. 153.709. Sec. 555), Sec. Amended by Acts 1997, 75th Leg., ch. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. (3) any other factor the court considers appropriate. 802, Sec. 1237), Sec. 1181 (H.B. 1181 (H.B. 1, eff. 11, eff. 2. (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. 1181 (H.B. 1, eff. 05-9107, June 13, 2005). (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. June 18, 2005. 153.193. 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. 153.012. 153.502. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and any other right or duty expressly granted to the possessory conservator in the order. 1, eff. 228), Sec. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. 967 (S.B. 1113 (H.B. 907 (H.B. Acts 2005, 79th Leg., Ch. 555), Sec. Sec. 907 (H.B. 1, eff. 31, eff. The report must be limited to a statement of whether the parenting coordination should continue. Aug. 30, 1999; Acts 1999, 76th Leg., ch. (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. 153.009. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. Amended by Acts 1999, 76th Leg., ch. 421 (S.B. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. 153.004. (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. APPOINTMENT OF PARENTING COORDINATOR. September 1, 2009. 1, eff. Added by Acts 1995, 74th Leg., ch. (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. 28, eff. Sec. Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. 7, eff. 20, Sec. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. April 20, 1995. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 916 (H.B. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 555), Sec. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 277 (H.B. September 1, 2009. Sept. 1, 1995. 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. Sept. 1, 2003. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. (a) If the conservator without the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. Acts 2021, 87th Leg., R.S., Ch. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. June 15, 2007. 1, eff. September 1, 2009. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. (c) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. Sept. 1, 2001. (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. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. April 2, 2015. (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. 153.6061. (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. 1193, Sec. 1.049, eff. 1936), Sec. 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 270), Sec. June 14, 2019. 1, eff. 1, 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. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 1191 (H.B. 1. 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. 153.6091. 20, Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 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. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (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. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. Added by Acts 1995, 74th Leg., ch. 9, eff. ENFORCEMENT. 19, eff. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. (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. 21, eff. 261), Sec. 1.047, eff. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. Sept. 1, 2003. (2) the authority to exercise management and control of the suit. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. 818), Sec. (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. Acts 2009, 81st Leg., R.S., Ch. 3, eff. 23, eff. Amended by Acts 1997, 75th Leg., ch. 1, eff. 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. DUTIES OF PARENTING COORDINATOR. 555), Sec. EXPEDITED HEARING. 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. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 4, eff. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. Acts 2015, 84th Leg., R.S., Ch. 1936), Sec. April 2, 2015. 9, eff. 1 (S.B. Sept. 1, 1995; Acts 2003, 78th Leg., ch. September 1, 2015. 1113 (H.B. Acts 2007, 80th Leg., R.S., Ch. 10, eff. Acts 2009, 81st Leg., R.S., Ch. 12(1), eff. Sept. 1, 1999; 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. (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. Acts 2015, 84th Leg., R.S., Ch. 1. (3-a) "Parenting facilitator" 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 153.6061 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 procedures that are not confidential; and. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 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. 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. (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. 1397, Sec. Sec. 553), Sec. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. (3) a final order described by Section 155.001(b). 1, eff. This subsection does not apply to suits filed under Chapter 262. 33, eff. Sept. 1, 1997. Sec. (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. 153.001. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. April 2, 2015. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Sec. from the primary residence of the child/ren. Acts 2009, 81st Leg., R.S., Ch. REPORT OF PARENTING COORDINATOR. September 1, 2005. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 561, Sec. Acts 2007, 80th Leg., R.S., Ch. 153.010. 153.376. 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. No. 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 . 153.6031. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (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. 20, Sec. 3, eff. 916 (H.B. Sec. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 1.045, eff. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit.