September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 153.132. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1191 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 751, Sec. 252), Sec. Sec. April 20, 1995. (3-a) "Parenting facilitator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and. 1 (S.B. (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. Sept. 1, 1995. (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. 2, eff. 153.314. 1041 (H.B. 586, Sec. Sept. 1, 1999. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Designation of Conservators . (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. 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. (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 facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . Sec. 33, eff. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. Amended by Acts 1995, 74th Leg., ch. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. SECURITY BOND. 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. Added by Acts 1995, 74th Leg., ch. Sec. 330, Sec. September 1, 2009. 1181, Sec. 260), Sec. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search (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. Sec. 896 (H.B. (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. Sept. 1, 2003. 555), Sec. Texas Family Code - FAM 153.317. Acts 2019, 86th Leg., R.S., Ch. September 1, 2007. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 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; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. 1113 (H.B. Sec. September 1, 2007. 153.3101. (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. (2) is in the best interest of the child. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Added by Acts 2009, 81st Leg., R.S., Ch. June 18, 2005. September 1, 2007. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 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. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2005, 79th Leg., Ch. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. 949, Sec. (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. Sept. 1, 2003. September 1, 2015. 05-9107, June 13, 2005). 733 (H.B. Added by Acts 1995, 74th Leg., ch. (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. (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. ACCESS TO CHILD'S RECORDS. September 1, 2011. April 20, 1995. BEST INTEREST OF CHILD. 153.314 Texas Family Code - FAM 153.314. (c) Public funds may not be used to pay the fees of a parenting coordinator. 1012), Sec. FACTORS FOR COURT TO CONSIDER. 2, eff. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. 153.005. This subsection does not apply to suits filed under Chapter 262. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. Acts 2017, 85th 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. September 1, 2013. Sec. 153.012. (C) maintain possession of the child's passport. 228), Sec. Sept. 1, 1995. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. 1012), Sec. 1012), Sec. 1, eff. 1012), Sec. 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. 153.131. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. APPOINTMENT OF PARENTING FACILITATOR. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. (3) a final order described by Section 155.001(b). Sec. 1012), Sec. April 2, 2015. Sec. Designation of Conservators . September 1, 2009. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. 153.701. 916 (H.B. (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. 50 miles or less. 20, Sec. Sec. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. April 20, 1995. 733 (H.B. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 20, Sec. 153.191. Sec. 936, Sec. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. (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. 421 (S.B. April 2, 2015. Sec. 482 (H.B. from the primary residence of the child/ren. 1, eff. 845), Sec. 153.007. September 1, 2009. (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. Acts 2007, 80th Leg., R.S., Ch. Sec. (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. (ii) is not appointed under another statute or a rule of civil procedure. 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. 1404), Sec. Sec. 555), Sec. Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. A record of the interview shall be part of the record in the case. (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. Added by Acts 2001, 77th Leg., ch. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. 751, Sec. Added by Acts 1995, 74th Leg., ch. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 20, Sec. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. (b) The report may not be admitted in evidence in a subsequent suit. (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. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 1113 (H.B. Sec. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. 1012), Sec. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. (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. 1, eff. 153.074. Acts 2015, 84th Leg., R.S., Ch. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. AGREEMENT. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 751, Sec. (B) any other method of voluntary dispute resolution. (2) through an oral statement made in open court on the record. 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. 3.01, eff. Amended by Acts 1995, 74th Leg., ch. 279), Sec. 11, eff. Acts 2011, 82nd Leg., R.S., Ch. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 1, eff. 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. 9, Sec. 10, eff. September 1, 2007. 1012), Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. April 2, 2015. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. September 1, 2009. Sec. 153.015. 153.551. April 20, 1995. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) 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 entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and. 1, eff. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. EQUAL POSSESSION NOT REQUIRED. Sept. 1, 2003. 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. 484 (H.B. 153.433. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. Added by Acts 1995, 74th Leg., ch. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; (A) gives 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 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; or. Sec. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 1113 (H.B. Sept. 1, 2003. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. (c) The parenting coordinator may not modify any order, judgment, or decree. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order.
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