REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 1, eff. (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. 1, eff. 153.003. 153.609. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. Added by Acts 2009, 81st 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. 555), Sec. Sec. 787, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 153.6102. 1, eff. Sec. April 20, 1995. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. 1113 (H.B. 25, eff. September 1, 2009. Sec. 3203), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. Sec. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. 896 (H.B. June 18, 2005. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 1, eff. 12(1), eff. Amended by Acts 1995, 74th Leg., ch. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. 153.256. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 1.043, eff. Sec. 1936), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. SECURITY BOND. September 1, 2005. 1036, Sec. Acts 2005, 79th Leg., Ch. (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. 14, eff. 1012), Sec. 7, eff. (b) A nonparent possessory conservator has any other right or duty specified in the order. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. Sec. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. 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. 112 (H.B. 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. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. April 2, 2015. 2, eff. (2) provides that the child's primary residence shall be within a specified geographic area. Amended by Acts 1995, 74th Leg., ch. September 1, 2005. 1012), Sec. Sec. 555), Sec. 1.049, eff. 153.705. 15, eff. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. 1012), Sec. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. September 1, 2007. 2, eff. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. DEFINITIONS. Added by Acts 2009, 81st Leg., R.S., Ch. 153.317. 16, eff. 1113 (H.B. (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. Acts 2015, 84th Leg., R.S., Ch. This subsection does not apply to suits filed under Chapter 262. 682 (H.B. 642, Sec. 153.6083. 153.433. September 1, 2007. 1, eff. June 14, 2019. 260), Sec. Sec. 1181 (H.B. (d) The standard possession order is designed to apply to a child three years of age or older. (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. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. Sec. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Added by Acts 2005, 79th Leg., Ch. 1181 (H.B. Sept. 1, 1997. 818), 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. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 153.076. 1, eff. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. (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. April 20, 1995. 1012), Sec. 586, Sec. September 1, 2017. 1 (S.B. 261), Sec. September 1, 2007. 153.312. 555), Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. SUBCHAPTER 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. 1036, Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 972 (S.B. 1012), Sec. REPORT OF PARENTING COORDINATOR. 3, eff. 153.6091. (2) that the agreement is not in the child's best interest. 555), 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. Amended by Acts 1997, 75th Leg., ch. APPOINTMENT OF PARENTING COORDINATOR. September 1, 2015. 1113 (H.B. CONSERVATORSHIP, POSSESSION, AND ACCESS. September 1, 2019. 153.371. 153.3171. September 1, 2009. 3203), Sec. Texas Family Code Sec. 1036, Sec. June 17, 2011. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. Sept. 1, 1995. (B) any other method of voluntary dispute resolution. 22, eff. Sept. 1, 2001. Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. 896 (H.B. Sec. 228), Sec. 153.503. 24, eff. 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. (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). SUIT FOR ACCESS. Added by Acts 2003, 78th Leg., ch. 1, eff. Sec. Amended by Acts 1997, 75th Leg., ch. September 1, 2009. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. 2, eff. Summer, holidays, and special days. 1, eff. Sec. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. (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. 1012), Sec. Added by Acts 1995, 74th Leg., ch. (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. 1012), Sec. 153.3115. 3, eff. (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. Designation of Conservators . (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. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Sec. 751, Sec. (4) the right to direct the moral and religious training of the child. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. Acts 2005, 79th Leg., Ch. (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. Acts 2015, 84th Leg., R.S., Ch. 153.602. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 1, eff. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. Acts 2005, 79th Leg., Ch. 1012), Sec. 1113 (H.B. Sept. 1, 1995. PARENTS WHO RESIDE 100 MILES OR LESS APART. 817), Sec. 153.707. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. (3) a final order described by Section 155.001(b). (6) is in the best interest of the child. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 153.551. 1036, Sec. 1113 (H.B. 1228), Sec. 1041 (H.B. September 1, 2009. April 20, 1995. June 18, 2005. Sept. 1, 1997. No. 1237), Sec. 1 (S.B. (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, 2017. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. (2) the authority to exercise management and control of the suit. 1167 (S.B. 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. Added by Acts 1995, 74th Leg., ch. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 751, 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. 421 (S.B. 550), Sec. (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. April 2, 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. (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. Amended by Acts 1995, 74th Leg., ch. DUTIES OF PARENTING FACILITATOR. 1449), Sec. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. (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.
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texas family code expanded standard possession order