Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 277 (H.B. 219), Sec. 1181 (H.B. The term does not include National Guard or Reserve annual training. 23, eff. (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. (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. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. 153.3115. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. This subsection does not apply to suits filed under Chapter 262. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. 17, eff. Sept. 1, 1995. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 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. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. 1181 (H.B. Acts 2009, 81st Leg., R.S., Ch. Sec. 482 (H.B. 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. SUBCHAPTER I. 26, eff. 1036, Sec. 896 (H.B. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 1181 (H.B. 1012), Sec. 1012), Sec. September 1, 2019. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. Added by Acts 2003, 78th Leg., ch. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (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. 153.010. (c) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the person has possession of the child; and. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. 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. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. September 1, 2009. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. COURT-ORDERED JOINT CONSERVATORSHIP. (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. September 1, 2007. 1252 (H.B. 12, eff. 11, eff. 1, eff. (2) provides that the child's primary residence shall be within a specified geographic area. 1, eff. Sec. 7, eff. Sept. 1, 1997. 642, Sec. Amended by Acts 1995, 74th Leg., ch. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 20, Sec. (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. 228), Sec. September 1, 2009. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. 153.00715. 36, eff. 153.608. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. 153.257. 555), Sec. SECURITY BOND. 7, eff. Acts 2005, 79th Leg., Ch. 817), Sec. (ii) is not appointed under another statute or a rule of civil procedure. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 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. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. (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, 1999; Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. (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. 260), Sec. 153.605. 1012), Sec. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Sec. Sec. 4, eff. Sec. The Standard Possession Order is known as the "default" schedule. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. April 20, 1995. Added by Acts 1995, 74th Leg., ch. REPORT OF PARENTING FACILITATOR. (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. (2) the authority to exercise management and control of the suit. April 2, 2015. TITLE 5. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . September 1, 2007. June 20, 2003. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. RIGHTS OF PARENT AT ALL TIMES. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. ABDUCTION RISK FACTORS. Sec. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. (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. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 1113 (H.B. 1191 (H.B. 09-2021) Page 1 of 10 Standard Possession Order . 1 (S.B. June 17, 2011. 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. Added by Acts 1995, 74th Leg., ch. APPOINTMENT OF PARENTING FACILITATOR. (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. Added by Acts 1995, 74th Leg., ch. 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. Acts 2021, 87th Leg., R.S., Ch. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. Sept. 1, 1995; Acts 1999, 76th Leg., ch. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 2, eff. June 18, 2005. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. 1113 (H.B. April 20, 1995. 149), Sec. 727 (S.B. 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. (a) If the conservator without 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 award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. April 2, 2015. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. June 18, 2005. Acts 2005, 79th Leg., Ch. Sec. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. Acts 2019, 86th Leg., R.S., Ch. 153.502. 261), Sec. 1012), Sec. 4, eff. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 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. September 1, 2009. 153.601. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. 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. 5, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 577, Sec. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. (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. (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. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Acts 2019, 86th Leg., R.S., Ch. 972 (S.B. Added by Acts 1995, 74th Leg., ch. 219), Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1113 (H.B. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. September 1, 2011. 20, Sec. 1036, Sec. 153.311. 4, eff. 153.011. September 1, 2011. from the primary residence of the child/ren. Amended by Acts 1997, 75th Leg., ch. 1, eff. 1181 (H.B. 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. 1036, Sec. 153.6081. 153.6071. September 1, 2007. (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. 260), Sec. 967 (S.B. June 18, 2005. (3) the terms and conditions of conservatorship and possession of and access to the child. September 1, 2005. (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. September 1, 2005. COMPENSATION OF PARENTING FACILITATOR. Sec. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 153.012. 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. 11(2), eff. Acts 2019, 86th Leg., R.S., Ch. 1113 (H.B. 153.015. (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. 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. (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. September 1, 2007. (3) a final protective order was rendered against a party. April 20, 1995. 1, eff. 15, eff. 153.602. 9, eff. 555), Sec. 1181 (H.B. 751, Sec. Sec. (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 16, 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. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. (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. 20, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 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. 1449), Sec. 153.434. 555), Sec. 1, eff. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 153.372. Added by Acts 2001, 77th Leg., ch. 153.134. September 1, 2005. 916 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. (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. Sec. If a parenting facilitator 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 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.