texas family code expanded standard possession order

Sec. (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. 1113 (H.B. Acts 2009, 81st Leg., R.S., Ch. (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. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; 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. 153.707. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 20, Sec. September 1, 2007. 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. 153.254. (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. (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. 153.705. 561, Sec. September 1, 2015. 1, eff. Sec. COMPENSATION OF PARENTING FACILITATOR. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (2) be licensed in good standing as an attorney in this state. 845), Sec. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. (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. 786, Sec. EXPEDITED HEARING. SUBCHAPTER B. (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. 14, eff. 153.434. The Court ORDERS each conservator to obey this Standard Possession Order. 261), Sec. EQUAL POSSESSION NOT REQUIRED. Sec. 1036, Sec. September 1, 2009. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. Sept. 1, 1999. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. PDF Exhibit: Standard Possession (Visitation) and Access Order (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. Sec. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. (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. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. QUALIFICATIONS OF PARENTING COORDINATOR. 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. 153.609. 1, eff. Sec. September 1, 2015. September 1, 2009. 16, eff. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. Sec. COMPENSATION OF PARENTING COORDINATOR. 4, eff. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Texas Law. (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. (d) The court may not consider the availability of electronic communication as a factor in determining child support. June 18, 2005. (2) is in the best interest of the child. 1, eff. April 20, 1995. REBUTTABLE PRESUMPTION. 1181 (H.B. We have offices in Fort Bend County, Matagorda County, and Wharton . 12, eff. 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. September 1, 2009. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. Sec. 153.072. 2, eff. 1156 (H.B. 1, eff. 1237), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. Acts 2009, 81st Leg., R.S., Ch. 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. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 219), Sec. 277 (H.B. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 1113 (H.B. April 2, 2015. (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. 682 (H.B. (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. Added by Acts 1995, 74th Leg., ch. (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. 774, Sec. 1, eff. 7, eff. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. September 1, 2007. Acts 2005, 79th Leg., Ch. Sec. APPOINTMENT OF POSSESSORY CONSERVATOR. (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. 751, Sec. Texas Standard Possession Order| New 50-Mile Category [2022] 896 (H.B. 7, eff. Sec. Sec. September 1, 2013. Legislative Changes Go Into Effect! - Home - State Bar of Texas Family (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. Amended by Acts 1997, 75th Leg., ch. 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. Sec. (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. Sec. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 153.007. Designation of Conservators . 28, eff. (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. Acts 2009, 81st Leg., R.S., Ch. 20, Sec. REPORT OF PARENTING FACILITATOR. 20, Sec. 1113 (H.B. 27, eff. 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. (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. 1 (S.B. (ii) is not appointed under another statute or a rule of civil procedure. 13, eff. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. Amended by Acts 1995, 74th Leg., ch. Standard Possession Order and Parenting Time | Texas Access (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. (ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered; (4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled; (5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession; (6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned; (7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period; (8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and. 1113 (H.B. 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 . 421 (S.B. 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. 751, Sec. Acts 2009, 81st Leg., R.S., Ch. 153.314 Texas Family Code - FAM 153.314. 1, eff. 1.044, eff. Sec. 153.6081. 1 (S.B. Acts 2005, 79th Leg., Ch. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 277 (H.B. 12, eff. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 20, Sec. Sept. 1, 2001. (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. (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. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. 153.258. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 260), Sec. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. Added by Acts 1995, 74th Leg., ch. 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. 1012), 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. 279), Sec. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 153.6031. 1, eff. September 1, 2009. 153.009. April 20, 1995. September 1, 2017. PARENTS WHO RESIDE OVER 100 MILES APART. September 1, 2013. Acts 2005, 79th Leg., Ch. 260), 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 September 1, 2009. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. (2) "Family violence" has the meaning assigned by Section 71.004. April 20, 1995. 11, eff. 1036, Sec. 153.075. 7, eff. 751, Sec. 907 (H.B. September 1, 2009. 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. 3203), Sec. 1, eff. Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 153.601. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. 555), Sec. 1. 1, eff. 1036, Sec. 153.433. DUTIES OF PARENTING COORDINATOR. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. AGREEMENT. Sec. 1289, Sec. (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. Added by Acts 1995, 74th Leg., ch. 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. Sept. 1, 1999. 153.610. (c) It is preferable for all children in a family to be together during periods of possession. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. Sept. 1, 1995. PDF Standard Possession Order - Texas Law Help 2023 Texas Standard Possession Order for Parents and Children 7, eff. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 1.045, eff. Acts 2015, 84th Leg., R.S., Ch. (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. 482 (H.B. Acts 2007, 80th Leg., R.S., Ch. 7, eff. 252), Sec. 18, eff. COURT-ORDERED JOINT CONSERVATORSHIP. 1012), Sec. 13, eff. 153.3101. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. Sept. 1, 1997. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. Sec. 153.701. 36, eff. (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. (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. June 18, 2005. (b) The report may not be admitted in evidence in a subsequent suit. (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. 20, Sec. 1, eff. Sec. September 1, 2015.

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