(b) The court shall specify in the order the rights that a parent retains at all times. Acts 2015, 84th Leg., R.S., Ch. 1113 (H.B. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. Sept. 1, 1997. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). Designation of Conservators . 260), Sec. 1, eff. 9, eff. Amended by Acts 1997, 75th Leg., ch. (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. September 1, 2011. (d) The parenting facilitator may not modify any order, judgment, or decree. 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. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. 3, eff. Sept. 1, 1995. April 20, 1995. Sec. PARENTS WHO RESIDE 100 MILES OR LESS APART. September 1, 2009. April 2, 2015. 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. September 1, 2005. 1, eff. 153.314 . Sec. 1, eff. Sec. 153.432. 153.606. Acts 2009, 81st Leg., R.S., Ch. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. 845), Sec. (3) any other factor the court considers appropriate. Sec. 1113 (H.B. April 20, 1995. Sec. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Amended by Acts 1995, 74th Leg., ch. 2, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 3145), Sec. 936, Sec. (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. 3, eff. Sec. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. ABDUCTION PREVENTION MEASURES. 3, eff. (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. 1404), Sec. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1936), Sec. 1113 (H.B. from the primary residence of the child/ren. September 1, 2009. (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. September 1, 2015. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 2003. 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. Acts 2015, 84th Leg., R.S., Ch. September 1, 2009. 3, eff. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. (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. 153.193. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 20, 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. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. 3203), Sec. 11, eff. 153.314. EXPEDITED HEARING. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (3) a final protective order was rendered against a party. September 1, 2007. Sept. 1, 2003. 3, eff. (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. Holiday Possession Unaffected by Distance Parents Reside Apart 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. 1012), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2) "Family violence" has the meaning assigned by Section 71.004. 18, eff. 1228), Sec. WEEKEND POSSESSION EXTENDED BY HOLIDAY. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. 751, 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. April 20, 1995. 252), Sec. 11, eff. 1, eff. 3, eff. Sec. 1, eff. (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. 949, Sec. The term does not include National Guard or Reserve annual training. 153.551. 1012), Sec. 24, eff. (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. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. (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. 1012), Sec. Sec. 9, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 153.704. 153.135. 6, eff. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. (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. June 14, 2019. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 1036, Sec. Added by Acts 1995, 74th Leg., ch. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. Acts 2011, 82nd Leg., R.S., Ch. 252), Sec. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. (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. Sept. 1, 1997. 153.701. 1012), Sec. September 1, 2007. (2) incorporated into an order signed by the court. 751, Sec. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. Sec. 1936), Sec. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 1, eff. Amended by Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 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, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do 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. 1191 (H.B. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. (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. Acts 2009, 81st Leg., R.S., Ch. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 1041 (H.B. (b) 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 or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. Sec. September 1, 2017. Added by Acts 2003, 78th Leg., ch. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. 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. Sec. (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. 1012), Sec. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. 260), Sec. 1012), Sec. Acts 2005, 79th Leg., Ch. Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 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 . Amended by Acts 1995, 74th Leg., ch. September 1, 2009. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. (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. Sec. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (3) a final order described by Section 155.001(b). EQUAL POSSESSION NOT REQUIRED. Sept. 1, 1995. (ii) is not appointed under another statute or a rule of civil procedure. 153.316. September 1, 2005. 1, eff. 20, eff. 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. 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. Sec. Sec. 1, eff. (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. 23, eff. No. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. 15, eff. Sec. (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. September 1, 2007. (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. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. Sec. April 20, 1995. 1012), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2021. 1, eff. Acts 2009, 81st Leg., R.S., Ch. ENFORCEMENT. Sept. 1, 2003. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. April 20, 1995. Sec. 1864), Sec. Acts 2015, 84th Leg., R.S., Ch. 14, eff. 4, eff. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. 219), Sec. (2) the authority to exercise management and control of the suit. (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. 1181 (H.B. 153.503. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. (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. 1181 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (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. 153.6061. 802, Sec. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. Added by Acts 2009, 81st Leg., R.S., Ch. 11(2), eff. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch.
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