The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 16, eff. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 32, eff. Sec. Amended by Acts 1995, 74th Leg., ch. QUALIFICATIONS OF PARENTING FACILITATOR. 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. 484 (H.B. 10, eff. 1351, Sec. 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. (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. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. 153.015. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). June 18, 2005. 751, Sec. Added by Acts 2005, 79th Leg., Ch. (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. 1, eff. 612, Sec. September 1, 2007. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 153.374. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 896 (H.B. EXPEDITED HEARING. 1012), Sec. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . 252), Sec. Sec. A recommendation authorized by this subsection does not affect the terms of an existing court order. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. 20, Sec. 12, eff. 1237), Sec. 555), Sec. 9, Sec. (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). (13) any other evidence of the best interest of the child. (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. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. Sept. 1, 1995. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. Sept. 1, 2003. GENERAL TERMS AND CONDITIONS. Sept. 1, 1995. 29, eff. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 9, eff. Amended by Acts 1995, 74th Leg., ch. (c) The parenting coordinator may not modify any order, judgment, or decree. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2018. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. Sec. 2, eff. 23, eff. (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). 1036, Sec. 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) PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 1, eff. 482 (H.B. September 1, 2009. 19, eff. 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. 1113 (H.B. (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. 16, eff. Amended by Acts 1997, 75th Leg., ch. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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. 1.049, eff. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 153.006. Acts 2005, 79th Leg., Ch. 3, eff. Sept. 1, 1999. 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. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. Sec. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 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; and. Added by Acts 2009, 81st Leg., R.S., Ch. 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. 1390, Sec. April 20, 1995. Sec. Acts 2011, 82nd Leg., R.S., Ch. 14, eff. 20, Sec. Amended by Acts 1997, 75th Leg., ch. 751, Sec. Added by Acts 1995, 74th Leg., ch. 787, Sec. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 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. Acts 2015, 84th Leg., R.S., Ch. (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. 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). (2) "Family violence" has the meaning assigned by Section 71.004. (d) The standard possession order is designed to apply to a child three years of age or older. 2, eff. 153.502. 916 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 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. 153.611. 1 (S.B. 153.012. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1, eff. (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. 1, eff. 178, Sec. 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. 99 (S.B. September 1, 2021. 845), Sec. 153.001. 50 miles or less. Sec. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 153.251. 153.610. 1113 (H.B. 1012), Sec. Sept. 1, 2001. 2, eff. 153.501. Sec. 1113 (H.B. Added by Acts 2001, 77th Leg., ch. 1, eff. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. 2, eff. (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. Acts 2007, 80th Leg., R.S., Ch. (2) if the parents are or will be separated, shall appoint at least one managing conservator. QUALIFICATIONS OF PARENTING COORDINATOR. (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. Acts 2005, 79th Leg., Ch. 33, 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). REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. Amended by Acts 1995, 74th Leg., ch. 774, Sec. Acts 2009, 81st Leg., R.S., Ch. 260), Sec. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. 3.01, eff. 1, eff. (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. 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. (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 VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. 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. September 1, 2009. Sec. 12(1), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 6, eff. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Sec. 153.371. 3, eff. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days 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, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do 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. 751, Sec. Added by Acts 1995, 74th Leg., ch. Sec. (3) any other factor the court considers appropriate. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 1012), Sec. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. POLICY AND GENERAL APPLICATION OF GUIDELINES. April 20, 1995. 682 (H.B. The report must be limited to a statement of whether the parenting coordination should continue. April 20, 1995. 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. Acts 2009, 81st Leg., R.S., Ch. Holiday Possession Unaffected by Distance Parents Reside Apart Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. September 1, 2007. 1, eff. 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. 86 (S.B. Sec. TEMPORARY ORDERS. Sec. (b) A nonparent possessory conservator has any other right or duty specified in the order. 751, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. September 1, 2009. 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. 358 (H.B. June 14, 2019. (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. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Sept. 1, 1999. 3203), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 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. 1, eff. 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. 153.005. Amended by Acts 1995, 74th Leg., ch. (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. (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. 3, eff. 153.014. 153.3721. 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. 1.048, eff. 482 (H.B. Sec. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. Added by Acts 2005, 79th Leg., Ch. 907 (H.B. September 1, 2013. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. DUTY TO PROVIDE INFORMATION. Sec. 936, Sec. 153.3171. 3, eff. Sec. 1181 (H.B. 30, eff. (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. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 252), Sec. 1. (2) that the agreement is not in the child's best interest. 153.6071. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 20, Sec. 330, Sec. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. Sept. 1, 2003. 153.00715. 2, eff. 967 (S.B. 967 (S.B. 153.314 . 38, eff. Added by Acts 1995, 74th Leg., ch. 20, Sec. April 20, 1995. 1036, Sec. 260), Sec. (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. 555), Sec. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. 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. (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. Sec. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 2, eff. April 20, 1995. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. (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. 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. (3) the terms and conditions of conservatorship and possession of and access to the child. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. 1156 (H.B. September 1, 2015. AGREEMENT. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 3, eff. Acts 2007, 80th Leg., R.S., Ch. The Court ORDERS each conservator to obey this Standard Possession Order. April 20, 1995. DUTIES OF PARENTING FACILITATOR. 153.6091. 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.
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