texas family code expanded standard possession order texas family code expanded standard possession order

2, eff. 1113 (H.B. Sec. 774, Sec. Sec. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. September 1, 2007. (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. QUALIFICATIONS OF PARENTING FACILITATOR. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. EQUAL POSSESSION NOT REQUIRED. Sept. 1, 2003. AGREEMENT. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. 1.044, eff. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 11, eff. 7, eff. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. April 20, 1995. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 153.252. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1997, 75th Leg., ch. April 2, 2015. 18, eff. Sept. 1, 2001. (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. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. 153.6091. 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. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 1012), Sec. 555), Sec. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. 482 (H.B. 2, eff. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. September 1, 2009. September 1, 2007. REBUTTABLE PRESUMPTION. Sec. 261), Sec. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 20, Sec. 153.255. AGREED PARENTING PLAN. 2, eff. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. 228), Sec. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator 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. 153.011. 20, Sec. September 1, 2007. September 1, 2018. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. 330, 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. September 1, 2015. 4, eff. June 18, 2005. Sept. 1, 1999. 555), 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. 252), Sec. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html (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. 153.316. MEANS OF TRAVEL. 751, Sec. 153.3721. 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. September 1, 2009. Sec. 11, eff. 896 (H.B. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 787, Sec. 153.004. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. 1.043, eff. 1.045, eff. Sec. 1, eff. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. Sept. 1, 2003. (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. DUTY TO PROVIDE INFORMATION. 2, eff. (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. 37, eff. (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. 22, eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. April 20, 1995. 1036, Sec. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. 482 (H.B. Amended by Acts 1999, 76th Leg., ch. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. FALSE REPORT OF CHILD ABUSE. DEFINITIONS. September 1, 2009. 1, eff. 6, eff. 751, Sec. (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. 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. 682 (H.B. 153.6051. 153.3101. 86 (S.B. 20, Sec. 219), Sec. September 1, 2007. June 11, 2001. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (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. Added by Acts 1995, 74th Leg., ch. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 12, eff. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 153.377. (3) the terms and conditions of conservatorship and possession of and access to the child. 645, Sec. 555), Sec. (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. 153.076. 1, eff. 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. September 1, 2005. REPORT OF PARENTING COORDINATOR. 153.703. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. Acts 2017, 85th Leg., R.S., Ch. 482 (H.B. September 1, 2007. 9, eff. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. April 20, 1995. (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. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 05-9107, June 13, 2005). 2, eff. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 1, eff. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2009. 20, Sec. 3, eff. 3, eff. 967 (S.B. 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. Acts 2011, 82nd Leg., R.S., Ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 751, Sec. 1041 (H.B. 3, eff. Amended by Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. 421 (S.B. Amended by Acts 1995, 74th Leg., ch. The report must be limited to a statement of whether the parenting coordination should continue. Sec. Sec. 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. 1113 (H.B. 1181 (H.B. 1036, Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 153.6031. Sept. 1, 1995. April 20, 1995. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 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. 4, eff. 153.193. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . Acts 2005, 79th Leg., Ch. The Court ORDERS that 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. 09-2021) Page 1 of 10 Standard Possession Order . April 2, 2015. September 1, 2017. 1. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. APPOINTMENT OF PARENTING FACILITATOR. (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. POLICY AND GENERAL APPLICATION OF GUIDELINES. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. 28, eff. 153.313. Sec. Sec. 907 (H.B. 612, Sec. 421 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. 260), Sec. (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. 153.433. 20, Sec. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 236, Sec. 25, eff. 1228), Sec. 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. September 1, 2021. 1237), Sec. (B) any other method of voluntary dispute resolution. Sec. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. September 1, 2009. (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. 153.258. Docket No. 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.