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REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. They will not automatically be granted their preferred custody arrangement as the court still must rule . Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 15, eff. September 1, 2005. PARENTS WHO RESIDE OVER 100 MILES APART. EQUAL POSSESSION NOT REQUIRED. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. Acts 2011, 82nd Leg., R.S., Ch. 1113 (H.B. 11, eff. 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. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 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. 2, eff. DUTIES OF PARENTING FACILITATOR. Sec. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. 2, eff. Sec. RIGHTS OF PARENT AT ALL TIMES. Amended by Acts 1995, 74th Leg., ch. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Amended by Acts 1997, 75th Leg., ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 20, Sec. 1012), Sec. ABDUCTION PREVENTION MEASURES. 1036, Sec. 153.073. September 1, 2009. 7, eff. 1, eff. 1181, Sec. Sept. 1, 1997. 32, eff. The term does not include National Guard or Reserve annual training. AGREEMENT. 7, eff. The report must be limited to a statement of whether the parenting coordination should continue. (ii) is not appointed under another statute or a rule of civil procedure. 153.433. 35, eff. 916 (H.B. Sec. 1012), Sec. Added by Acts 1995, 74th Leg., ch. (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 1. 153.374. 2, eff. Acts 2005, 79th Leg., Ch. September 1, 2009. (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. Acts 2013, 83rd Leg., R.S., Ch. 153.014. Amended by Acts 1995, 74th Leg., ch. 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. Acts 2015, 84th Leg., R.S., Ch. The agreement must state whether the arbitration is binding or non-binding. 1, eff. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. 277 (H.B. 50 miles or less. Sept. 1, 1997. 1, eff. Amended by Acts 1997, 75th 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. Added by Acts 1995, 74th Leg., ch. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. (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. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately 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. 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. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). Sept. 1, 2003. April 20, 1995. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. (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. Acts 2007, 80th Leg., R.S., Ch. 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. September 1, 2015. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. Acts 2007, 80th Leg., R.S., Ch. 252), Sec. Acts 2007, 80th Leg., R.S., Ch. 28, eff. 1012), Sec. 86 (S.B. Sec. September 1, 2013. (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. 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. 733 (H.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). 31, eff. 153.015. (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. Designation of Conservators . 1, eff. April 20, 1995. (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. September 1, 2007. CHILD LESS THAN THREE YEARS OF AGE. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. April 2, 2015. 13, eff. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. 555), Sec. 153.074. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. Acts 2019, 86th Leg., R.S., Ch. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 153.6051. 12, eff. 330, Sec. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Sec. 34, eff. Acts 2015, 84th Leg., R.S., Ch. 1193, Sec. 967 (S.B. 9, eff. Sec. PARENTS WHO RESIDE 100 MILES OR LESS APART. 727 (S.B. 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. (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 1113 (H.B. 1, eff. Sec. (2) through an oral statement made in open court on the record. 261), Sec. 787, Sec. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. 1 (S.B. 1181 (H.B. 1041 (H.B. 1012), Sec. 1, eff. Sept. 1, 1995. 153.709. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 149), Sec. 1113 (H.B. (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. Sec. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 482 (H.B. 153.316. 153.377. Sec. (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. (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. (a) 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, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. Added by Acts 1995, 74th Leg., ch. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. 1, eff. September 1, 2009. 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. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 153.605. 20, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. 642, Sec. April 20, 1995. Summer, holidays, and special days. 153.3101. (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. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 260), Sec. 10, eff. 936, Sec. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 1012), Sec. 555), Sec. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 7, eff. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. (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. (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. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 261), Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 1, eff. 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. (2) that the agreement is not in the child's best interest. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . 1181 (H.B. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 153.707. 1, eff. DEFINITIONS. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. 33, eff. Added by Acts 1995, 74th Leg., ch. 786, Sec. 896 (H.B. September 1, 2011. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. 1012), Sec. 1, eff. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. Sec. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 153.603. 1113 (H.B. Texas Law. Acts 2005, 79th Leg., Ch. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. 12, eff. 1181 (H.B. 612, Sec. April 20, 1995. 219), Sec. 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. Sec. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. (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. 279), Sec. 153.138. 949, Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Amended by Acts 1995, 74th Leg., ch. 1113 (H.B. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. Added by Acts 2009, 81st Leg., R.S., Ch. 14, eff. 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. (3) the terms and conditions of conservatorship and possession of and access to the child. 781, Sec. DEFINITIONS. 7, eff. September 1, 2009. 1. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. Sec. 153.255. 967 (S.B. 153.012. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. Amended by Acts 1997, 75th Leg., ch. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. 153.551. 20, eff. Acts 2017, 85th Leg., R.S., Ch. 818), Sec. 1012), Sec. 5, eff. Section 153.009 of the Texas Family Code. 1, eff. 153.258. Designation of Conservators . (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. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 219), Sec. 1036, Sec. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. (b) The court shall specify in the order the rights that a parent retains at all times. 8, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that 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 if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. 484 (H.B. 555), Sec. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (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. (c) The parenting coordinator may not modify any order, judgment, or decree. 1036, Sec. Sept. 1, 1999. 1, eff. (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. Acts 2005, 79th Leg., Ch. 916 (H.B. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 1.047, eff. 252), Sec. 1397, Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 358 (H.B. Sec. 30, eff. 751, Sec. 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. (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. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. 7, eff. (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. A recommendation authorized by this subsection does not affect the terms of an existing court order. 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. September 1, 2017. 421 (S.B. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. POSSESSION OF OR ACCESS TO GRANDCHILD. 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.