Amended by Acts 1999, 76th Leg., ch. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. (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. Added by Acts 1995, 74th Leg., ch. family violence concerns. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Amended by Acts 1995, 74th Leg., ch. 153.252. (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. Amended by Acts 1997, 75th Leg., ch. Sec. 421 (S.B. 2, eff. (13) any other evidence of the best interest of the child. 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-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 561, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1036, Sec. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Sec. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. 1237), Sec. 1036, Sec. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. September 1, 2007. 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. 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 . 153.011. AGREED PARENTING PLAN. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. 6, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. September 1, 2009. Amended by Acts 1999, 76th Leg., ch. June 15, 2007. 2, eff. 1936), Sec. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 1, eff. 1036, Sec. Acts 2019, 86th Leg., R.S., Ch. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. 153.313. 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. Amended by Acts 1997, 75th Leg., ch. 1 (S.B. Acts 2009, 81st Leg., R.S., Ch. 153.607. 219), Sec. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. April 2, 2015. 896 (H.B. 967 (S.B. (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. 821), Sec. 1390, Sec. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. (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. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. (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. 1113 (H.B. 260), Sec. (d) The court may not consider the availability of electronic communication as a factor in determining child support. 1113 (H.B. Sec. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 153.311. INTERVIEW OF CHILD IN CHAMBERS. 219), Sec. 1012), Sec. Added by Acts 1995, 74th Leg., ch. PARENTS WHO RESIDE OVER 100 MILES APART. 1113 (H.B. 153.611. (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. (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). September 1, 2009. 1012), Sec. 153.010. Sec. 751, Sec. 1864), Sec. September 1, 2005. 1181 (H.B. (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. 1, eff. Acts 2017, 85th Leg., R.S., Ch. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. (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. 153.6102. September 1, 2009. 153.373. (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. Acts 2007, 80th Leg., R.S., Ch. (b) A grandparent may request possession of or access to a grandchild 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. 153.701. June 17, 2011. 1, eff. 1, eff. (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). 484 (H.B. 1, eff. April 20, 1995. 1113 (H.B. FALSE REPORT OF CHILD ABUSE. 20, Sec. (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. Sec. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. Acts 2021, 87th Leg., R.S., Ch. 1113 (H.B. 555), Sec. 153.6051. 1 (S.B. September 1, 2009. GENERAL TERMS AND CONDITIONS. 1012), Sec. Acts 2015, 84th Leg., R.S., Ch. 9, Sec. Designation of Conservators . SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 252), Sec. April 20, 1995. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 3, eff. 20, Sec. 1181 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Added by Acts 2009, 81st Leg., R.S., Ch. 153.6091. 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. 421 (S.B. 153.375. 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. 1 (S.B. September 1, 2013. TEMPORARY ORDERS. 153.6031. Sec. 1113 (H.B. FACTORS FOR COURT TO CONSIDER. (2) through an oral statement made in open court on the record. (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. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. Sec. September 1, 2007. Sec. CHILD LESS THAN THREE YEARS OF AGE. Added by Acts 2005, 79th Leg., Ch. Alternative Beginning and Ending Possession Times 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. 153.258. 1181 (H.B. 1113 (H.B. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. Sec. 219), Sec. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (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. 1397, Sec. 1113 (H.B. April 2, 2015. QUALIFICATIONS OF PARENTING COORDINATOR. Sec. 1, eff. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. WEEKEND POSSESSION EXTENDED BY HOLIDAY. Amended by Acts 1995, 74th Leg., ch. Sec. September 1, 2009. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1216), 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. 153.3115. September 1, 2015. 1181, Sec. Acts 2009, 81st Leg., R.S., Ch. June 15, 2007. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. BEST INTEREST OF CHILD. Section 153.009 of the Texas Family Code. Sec. April 20, 1995. Acts 2011, 82nd Leg., R.S., Ch. 23, eff. 153.606. (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. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. 153.254. Sept. 1, 1995. 1, eff. September 1, 2021. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 774, Sec. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. 153.605. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. 845), Sec. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. Acts 2005, 79th Leg., Ch. (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. September 1, 2005. Added by Acts 1995, 74th Leg., ch. 15, eff. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. (b) The report may not be admitted in evidence in a subsequent suit. (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. 1. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. September 1, 2017. Added by Acts 1995, 74th Leg., ch. 751, Sec. (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. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. (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. September 1, 2015. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 7, eff. (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. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. (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. 9, eff. 31, eff. 153.372. 1864), Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. (2) incorporated into an order signed by the court. DEFINITIONS. September 1, 2009. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. 12, eff. 252), Sec. 20, Sec. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. (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. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. Summer, holidays, and special days. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 153.004. Added by Acts 1995, 74th Leg., ch. 1, eff. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. Sec. Sec. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 2, eff. 787, Sec. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. No. The court shall set the amount and condition the bond or security on compliance with the order. 896 (H.B. Sec. April 2, 2015. 1, eff. 20, Sec. 555), Sec. Sept. 1, 2003. 2, eff. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator.
5 Signs A Widower Is Serious About Your Relationship,
How To Make A Snow Biome Terraria,
Income Based Apartments Downtown Memphis,
Mya Singer Married Husband,
Articles T