BEST INTEREST OF CHILD. (2) that the agreement is not in the child's best interest. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. 482 (H.B. 3, eff. 555), Sec. 153.601. 421 (S.B. 484 (H.B. (b) A nonparent possessory conservator has any other right or duty specified in the order. 277 (H.B. Sec. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. Sec. (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. April 20, 1995. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. 86 (S.B. Acts 2009, 81st Leg., R.S., Ch. (a) If the conservator with 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 render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. (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. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. 1036, Sec. 1, eff. 1, eff. DUTIES OF PARENTING FACILITATOR. Amended by Acts 1997, 75th Leg., ch. 482 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. Acts 2007, 80th Leg., R.S., Ch. 1012), Sec. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 153.373. 802, Sec. 12, eff. The court shall set the amount and condition the bond or security on compliance with the order. (3) the terms and conditions of conservatorship and possession of and access to the child. (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. 1113 (H.B. 1864), Sec. 1181 (H.B. Acts 2009, 81st Leg., R.S., 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. 3, eff. Texas Family Code Sec. September 1, 2007. 7, 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). 153.703. PARENTS WHO RESIDE 100 MILES OR LESS APART. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. 1936), Sec. DEFINITIONS. 20, Sec. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday 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 Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. (3) any other factor the court considers appropriate. Acts 2005, 79th Leg., Ch. (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. 555), Sec. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. (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. June 18, 2005. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. Amended by Acts 1995, 74th Leg., ch. 153.134. September 1, 2011. 153.132. Sec. (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. Sec. Sept. 1, 1997. 23, eff. 3, eff. Amended by Acts 1997, 75th Leg., ch. April 20, 1995. Acts 2013, 83rd Leg., R.S., Ch. Sec. Sec. (b) The court may not appoint a parenting coordinator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting coordinator and the appointment is in the best interest of any minor child in the suit; and. EXPEDITED HEARING. (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. 260), Sec. September 1, 2005. 228), Sec. Acts 2007, 80th Leg., R.S., Ch. (2) the authority to exercise management and control of the suit. 1113 (H.B. September 1, 2017. 153.311. (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. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 153.611. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. April 20, 1995. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. Sec. (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. 20, Sec. 153.004. Sec. 1181 (H.B. Added by Acts 1995, 74th Leg., ch. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Amended by Acts 1999, 76th Leg., ch. 1 (S.B. (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). 153.609. Sec. 112 (H.B. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. 3203), Sec. September 1, 2017. 219), Sec. 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. September 1, 2005. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (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. Amended by Acts 1997, 75th Leg., ch. (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. September 1, 2013. SUBCHAPTER I. 219), Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Sec. 26, eff. 2. Sec. 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. 3, eff. 1181 (H.B. Sec. (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. 1, eff. 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. Added by Acts 1995, 74th Leg., ch. 1, eff. Sec. (6) is in the best interest of the child. 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. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Sept. 1, 1995. The Court ORDERS that this Modified Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Modified Possession Order is attached. Sept. 1, 1995. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. 153.3721. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 260), Sec. (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. (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. Sec. (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. Acts 2015, 84th Leg., R.S., Ch. AGREEMENT. 682 (H.B. 153.610. (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. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. (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. 936, Sec. September 1, 2009. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. The Court ORDERS each conservator to obey this Standard Possession Order. 153.371. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. April 2, 2015. (2) if the parents are or will be separated, shall appoint at least one managing 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. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 967 (S.B. 1113 (H.B. Sept. 1, 1997. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. (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. 1, eff. 9, Sec. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 1181, Sec. (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. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Sec. (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. (3) a final order described by Section 155.001(b). A recommendation authorized by this subsection does not affect the terms of an existing court order. April 20, 1995. Sec. (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.