texas family code expanded standard possession order

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1, eff. Sec. September 1, 2013. Acts 2005, 79th Leg., Ch. 1036, Sec. September 1, 2007. 1, eff. Sept. 1, 2003. (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. EQUAL POSSESSION NOT REQUIRED. 5, eff. 555), Sec. 153.609. Acts 2013, 83rd Leg., R.S., Ch. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. (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. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Sept. 1, 1995; Acts 2003, 78th Leg., ch. The term does not include National Guard or Reserve annual training. 149), 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. (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. Sec. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. (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. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 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). 153.073. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). (2) provides that the child's primary residence shall be within a specified geographic area. (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 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. September 1, 2011. 1, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. 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. Sec. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. Acts 2005, 79th Leg., Ch. 1237), Sec. 1012), Sec. 1. the child is under 3 and the noncustodial parent did not have frequent, ongoing . (c) It is preferable for all children in a family to be together during periods of possession. 555), Sec. 24, eff. 802, Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 3, eff. REPORT OF PARENTING FACILITATOR. April 20, 1995. September 1, 2009. 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. (ii) is not appointed under another statute or a rule of civil procedure. Acts 2011, 82nd Leg., R.S., Ch. 153.433. Acts 2015, 84th Leg., R.S., Ch. June 18, 2005. 153.701. 20, Sec. Added by Acts 1995, 74th Leg., ch. (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. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. (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. (c) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. Sept. 1, 2003. 330, Sec. 1, eff. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. April 20, 1995. 20, Sec. ORDER FOR FAMILY COUNSELING. 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 . September 1, 2005. 153.702. Added by Acts 2009, 81st Leg., R.S., Ch. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Added by Acts 1995, 74th Leg., ch. April 2, 2015. 751, Sec. 916 (H.B. 86 (S.B. EXPEDITED HEARING. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. Amended by Acts 1997, 75th Leg., ch. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. June 15, 2007. 555), Sec. 20, Sec. September 1, 2017. DUTIES OF PARENTING COORDINATOR. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. 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 coordination. 153.6081. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. Sept. 1, 1999. Sec. Added by Acts 1995, 74th 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. (b) The court shall specify in the order the rights that a parent retains at all times. Acts 2005, 79th Leg., Ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 2, eff. 3, eff. 9, Sec. 751, Sec. September 1, 2015. ACCESS TO CHILD'S RECORDS. (3) any other factor the court considers appropriate. Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. Sec. Sec. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. (2) through an oral statement made in open court on the record. (b) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the designated person has possession of the child; and. (2) be licensed in good standing as an attorney in this state. REBUTTABLE PRESUMPTION. 1, eff. 1351, Sec. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. Texas Family Code - FAM 153.317. 4, eff. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. (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. 20, Sec. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. Sec. 12(1), eff. (6) has a criminal history or a history of violating court orders. 817), Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 1113 (H.B. September 1, 2019. (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. (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. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. 1, eff. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 1397, Sec. Sept. 1, 2003. Acts 2009, 81st Leg., R.S., Ch. Sec. The Court ORDERS each conservator to obey this Standard Possession Order. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. 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. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. (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. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 1, eff. Acts 2011, 82nd Leg., R.S., Ch. 1113 (H.B. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 484 (H.B. 421 (S.B. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. September 1, 2013. (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.

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