1113 (H.B. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. 3, eff. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. Designation of Conservators . COMPENSATION OF PARENTING FACILITATOR. PARENTS WHO RESIDE OVER 100 MILES APART. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. (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. September 1, 2005. (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 facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. 2, eff. September 1, 2009. 1012), Sec. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 20, Sec. (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. PARENTS WHO RESIDE 100 MILES OR LESS APART. 153.372. (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. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. DEFINITIONS. 1, eff. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. (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. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), and (8). (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. April 2, 2015. June 17, 2011. 495), Sec. 1449), Sec. SUBCHAPTER B. 153.375. Acts 2007, 80th Leg., R.S., Ch. 153.00715. Sept. 1, 1995. 1012), Sec. Acts 2009, 81st Leg., R.S., Ch. 949, Sec. Added by Acts 1995, 74th Leg., ch. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). 3203), Sec. Sept. 1, 2003. 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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. The Standard Possession Order is known as the "default" schedule. 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 Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. 1, eff. 484 (H.B. 260), Sec. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed Acts 2007, 80th Leg., R.S., Ch. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). Sec. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. 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. Sec. (d) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. (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. 7, eff. Sept. 1, 2003. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. (2) be licensed in good standing as an attorney in this state. 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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 153.503. 1.048, eff. 25, eff. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). 20, Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. September 1, 2007. 12, eff. Acts 2009, 81st Leg., R.S., Ch. 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. ABDUCTION PREVENTION MEASURES. 4, eff. (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. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. Sept. 1, 1997. 2, eff. 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. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. 2, eff. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 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. (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. 153.314 . 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. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. April 20, 1995. EXPEDITED HEARING. Sec. Sept. 1, 1999. Sept. 1, 1999; Acts 2003, 78th Leg., ch. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. (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. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. EQUAL POSSESSION NOT REQUIRED. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. 153.502. 1, eff. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. Added by Acts 1995, 74th Leg., ch. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 1036, Sec. 153.6081. 1, eff. 555), Sec. April 2, 2015. Sept. 1, 2003. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. 1, eff. INTERVIEW OF CHILD IN CHAMBERS. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 1.045, eff. ENFORCEMENT. Acts 2019, 86th Leg., R.S., Ch. 153.705. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. 1, eff. June 18, 2005. Sec. Sec. (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. Sec. September 1, 2017. The Expanded Standard Possession Order for Child Custody 219), Sec. (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. 153.3115. 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. April 20, 1995. Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 482 (H.B. Texas Family Code Section 153.314 - Holiday Possession Unaffected by 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. 555), Sec. Acts 2011, 82nd Leg., R.S., Ch. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 733 (H.B. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Acts 2009, 81st Leg., R.S., Ch. 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. 1012), Sec. (6) has a criminal history or a history of violating court orders. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). (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. Sec. TITLE 5. Acts 2015, 84th Leg., R.S., Ch. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. 20, Sec. 645, Sec. (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. 153.6101. (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. Added by Acts 1995, 74th Leg., ch. 17, eff. (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. Acts 2017, 85th Leg., R.S., Ch. 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. 153.253. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. APPOINTMENT OF PARENTING COORDINATOR. 1181 (H.B. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Sec. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. Sec. Amended by Acts 1995, 74th Leg., ch. Sec. Sec. June 15, 2007. 219), Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 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. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 1, eff. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 153.251. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 1, eff. April 2, 2015. 4, eff. 1, eff. September 1, 2017. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately 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. No. 153.6082. 555), Sec. 1 (S.B. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. Acts 2009, 81st Leg., R.S., Ch. 786, Sec. Sept. 1, 1999. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. 3203), Sec. Acts 2005, 79th Leg., Ch. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 24, eff. Amended by Acts 1997, 75th Leg., ch. Sec. 3, eff. 1156 (H.B. 1, eff. Added by Acts 1995, 74th Leg., ch. 1404), Sec. 1181, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 2, eff. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Sec. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. The report must be limited to a statement of whether the parenting coordination should continue. 9, eff. 10, eff. (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. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer (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. 1 (S.B. 37, eff. 751, Sec. 2, eff. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . Sec. Added by Acts 1995, 74th Leg., ch. 1, eff. June 20, 2003. September 1, 2015. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. (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. 1012), Sec. 1193, Sec. (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. 153.312. Acts 2005, 79th Leg., Ch. 1036, Sec. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Sec. Added by Acts 1995, 74th Leg., ch. Added by Acts 2005, 79th Leg., Ch. 20, Sec. 12(1), eff. 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 managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning 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; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. June 17, 2011. Sept. 1, 1997. Sec. Designation of Conservators . Acts 2015, 84th Leg., R.S., Ch. 99 (S.B. DEFINITIONS. (2) is in the best interest of the child. 495), Sec. (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. The election may be made: (1) in a written document filed with the court; or. Sec. 153.252. 34, eff. (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. Sec. Sec. 153.708. 1012), Sec. (c) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION.