Added by Acts 2011, 82nd Leg., R.S., Ch. 153.315. (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. 261), Sec. Sec. Amended by Acts 2003, 78th Leg., ch. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. Sec. APPOINTMENT OF PARENTING FACILITATOR. Added by Acts 2009, 81st Leg., R.S., Ch. 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. (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. 1036, Sec. September 1, 2009. 1 (S.B. 30, 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. (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. 949, Sec. (2) through an oral statement made in open court on the record. 733 (H.B. (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. (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. April 20, 1995. Acts 2009, 81st Leg., R.S., Ch. (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. (b) The court may not appoint a parenting facilitator 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 facilitator and the appointment is in the best interest of any minor child in the suit; and. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 10, eff. 219), Sec. Sec. 1289, Sec. 153.6101. 586, Sec. 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. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. (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, 2009. 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. 821), Sec. 1181 (H.B. Sec. Added by Acts 1995, 74th Leg., ch. 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. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. September 1, 2013. 1113 (H.B. September 1, 2007. September 1, 2017. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 219), Sec. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. Acts 2019, 86th Leg., R.S., Ch. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. (6) is in the best interest of the child. 1936), Sec. April 20, 1995. (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. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 3, eff. 27, eff. 5, eff. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. 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. 153.371. 1012), Sec. Added by Acts 2005, 79th Leg., Ch. (c) It is preferable for all children in a family to be together during periods of possession. 9, Sec. Sec. This is a presumption that may be rebutted if not in the child's best interest. 99 (S.B. 8, eff. 153.3101. 153.432. 4, eff. (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. Added by Acts 1995, 74th Leg., ch. 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. 555), Sec. Added by Acts 1995, 74th Leg., ch. 1181 (H.B. April 20, 1995. (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. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or (C) 13, eff. 20, Sec. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. 9, eff. DEFINITIONS. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. 1, eff. 219), Sec. 751, Sec. 1, eff. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. 25, eff. 1, eff. September 1, 2009. Added by Acts 1995, 74th Leg., ch. from the primary residence of the child/ren. 330, Sec. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 12(1), eff. Sec. (b) A grandparent may request possession of or access to a grandchild 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. 4, eff. 23, eff. (b) A nonparent possessory conservator has any other right or duty specified in the order. 1181 (H.B. 153.071. Amended by Acts 1999, 76th Leg., ch. (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. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. 1, eff. Sec. 35, eff. (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. 1181 (H.B. 7, eff. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 153.014. 1, eff. 1113 (H.B. 2. RIGHTS OF PARENT AT ALL TIMES. 1113 (H.B. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (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. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. DUTIES OF PARENTING COORDINATOR. 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. QUALIFICATIONS OF PARENTING FACILITATOR. 1, eff. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 555), Sec. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. Sec. 219), Sec. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 153.607. (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. 1, eff. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. Sec. 153.138. 2, eff. 1012), Sec. 1012), Sec. 153.610. September 1, 2011. 1181 (H.B. 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. (2) provides that the child's primary residence shall be within a specified geographic area. 1113 (H.B. Acts 2007, 80th Leg., R.S., Ch. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . (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. ACCESS TO CHILD'S RECORDS. PARENTS WHO RESIDE 100 MILES OR LESS APART. 29, eff. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . SUBCHAPTER B. Sec. 1, eff. Added by Acts 2021, 87th Leg., R.S., 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). Sec. (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.
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