Sec. TCLL - FM-Chil-306 Standard Possession Order (Rev. What Exactly is a Standard Possession Order - McNamara Law Office RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 33, eff. 1, eff. 153.6071. An offense under this subsection is a Class C misdemeanor. 1, eff. (c) Public funds may not be used to pay the fees of a parenting coordinator. 421 (S.B. September 1, 2007. (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. 153.705. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 1, eff. Acts 2005, 79th Leg., Ch. 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 1012), Sec. The Court ORDERS that in this Possession Order the conservators are called Parent A and . Sec. (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). Sec. 32, eff. 37, eff. 7, eff. (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. 1113 (H.B. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. 153.609. 05-9107, June 13, 2005). (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. 279), Sec. Added by Acts 1995, 74th Leg., ch. 2, eff. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). April 2, 2015. 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. 20, Sec. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). April 20, 1995. 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. Sec. Sec. CONSERVATORSHIP, POSSESSION, AND ACCESS. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 1 (S.B. 482 (H.B. 153.258. 9, eff. September 1, 2009. Sec. (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. 277 (H.B. 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. 31, 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. Texas Family Code - FAM 153.317 | FindLaw 1.046, eff. (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. 1228), Sec. Sec. 6, eff. 555), Sec. (2) that the agreement is not in the child's best interest. Texas Family Code - FAM 153.314 | FindLaw (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. (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. 786, Sec. (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. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. 153.502. (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. (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. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. (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. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. Acts 2015, 84th Leg., R.S., Ch. 153.074. Sept. 1, 1997. 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. September 1, 2019. (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. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 421 (S.B. 1150 (S.B. Acts 2015, 84th Leg., R.S., Ch. 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. 153.611. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 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. 1113 (H.B. April 20, 1995. 751, Sec. Sept. 1, 1997. No. Sec. September 1, 2013. (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. 153.431. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 1, eff. (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. (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 2015, 84th Leg., R.S., Ch. 1012), Sec. 1 (S.B. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Sec. Sec. 751, Sec. 153.709. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. (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. Sec. The standard possession order options available to parents can change based on how far you live from one another. (3) a final order described by Section 155.001(b). 1, eff. 219), Sec. Added by Acts 2003, 78th Leg., ch. September 1, 2017. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 153.374. 9, Sec. (C) for any other reason the court considers relevant. Sec. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. (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). TITLE 5. Acts 2007, 80th Leg., R.S., Ch. 1. 1113 (H.B. June 15, 2007. September 1, 2009. 17, eff. 751, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. April 2, 2015. 86 (S.B. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. (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. Amended by Acts 1997, 75th Leg., ch. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. 1012), Sec. ABDUCTION RISK FACTORS. SECURITY BOND. 153.6081. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 3145), Sec. 751, Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2009. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. 949, Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. 682 (H.B. September 1, 2009. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 1036, Sec. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 555), 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. Amended by Acts 1997, 75th Leg., ch. Sec. September 1, 2011. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. (2) be licensed in good standing as an attorney in this state. 2, eff. (c) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . Amended by Acts 1997, 75th Leg., ch. (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 coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. 2, eff. 1, eff. Sept. 1, 1999. September 1, 2009. 13, eff. (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. 2, eff. 261), Sec. Sec. September 1, 2019. 1036, Sec. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. September 1, 2021. INTERVIEW OF CHILD IN CHAMBERS. 2, eff. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. 1113 (H.B. Sec. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 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, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do 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. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or.