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

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 . (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. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 153.3101. 751, Sec. Acts 2005, 79th Leg., Ch. 153.003. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. (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. 972 (S.B. the child is under 3 and the noncustodial parent did not have frequent, ongoing . Added by Acts 2009, 81st Leg., R.S., Ch. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 817), Sec. 1, eff. 20, Sec. Sec. September 1, 2005. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 13, eff. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. 495), Sec. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 15, eff. 1237), Sec. 1012), Sec. Amended by Acts 1997, 75th Leg., ch. 555), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (2) if the parents are or will be separated, shall appoint at least one managing conservator. September 1, 2007. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. 555), Sec. Acts 2015, 84th Leg., R.S., Ch. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. September 1, 2017. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator 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. 1036, Sec. 112 (H.B. 1, eff. 99 (S.B. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed Sec. Sec. 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. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1, eff. 1113 (H.B. 153.0071. (3) "Parenting coordinator" 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 153.606 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 confidential procedures; and. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. June 14, 2019. 484 (H.B. 05-9107, June 13, 2005). ALTERNATE DISPUTE RESOLUTION PROCEDURES. 1289, Sec. Sec. DUTY TO PROVIDE INFORMATION. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. 1216), Sec. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. Added by Acts 2005, 79th Leg., Ch. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 1113 (H.B. (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. 153.253. Acts 2007, 80th Leg., R.S., Ch. (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. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 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. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. (c) 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 without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (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 person has possession of the child; and. Added by Acts 1995, 74th Leg., ch. 2, eff. September 1, 2009. 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. (c) It is preferable for all children in a family to be together during periods of possession. 29, eff. 1, 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. 421 (S.B. 153.313. 153.010. Sept. 1, 1997. 9, eff. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (d) 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. 1, eff. Sec. 153.317. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 1 (S.B. September 1, 2005. (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. 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. 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. 279), Sec. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. 219), Sec. 1181 (H.B. (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. 219), Sec. September 1, 2013. 2021 Standard Possession Order - Houston Divorce Lawyer 153.013. (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. September 1, 2015. PUBLIC POLICY. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 7, eff. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). TEMPORARY ORDERS. Sec. 1012), Sec. 153.135. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (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. 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. Acts 2011, 82nd Leg., R.S., Ch. Sec. Acts 2015, 84th Leg., R.S., Ch. APPOINTMENT OF POSSESSORY CONSERVATOR. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Sec. 1, eff. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. September 1, 2009. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). (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. 1.048, eff. April 2, 2015. (3) a final protective order was rendered against a party. Amended by Acts 1995, 74th Leg., ch. What Is Extended Summer Possession in Texas? - Law Office of Brett H Acts 2005, 79th Leg., Ch. 1, eff. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. (B) any other method of voluntary dispute resolution. (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. (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. Texas Family Code Sec. (2) through an oral statement made in open court on the record. Amended by Acts 1995, 74th Leg., ch. Sec. June 18, 2005. Sec. 751, Sec. 153.704. April 20, 1995. 153.007. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. April 20, 1995. 153.6051. September 1, 2005. 4, eff. DUTIES OF PARENTING COORDINATOR. 2, eff. Sept. 1, 2003. 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. 751, Sec. They will not automatically be granted their preferred custody arrangement as the court still must rule . 781, Sec. 1228), Sec. Sept. 1, 2003. 1, eff. 1113 (H.B. Sec. 1, eff. ORDER FOR FAMILY COUNSELING. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. 153.134. 916 (H.B. 1113 (H.B. 153.071. 153.602. Added by Acts 1995, 74th Leg., ch. 11, eff. Sec. Sec. 1193, Sec. Section 153.009 of the Texas Family Code. 1181, Sec. 1, eff. Summer, holidays, and special days. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Amended by Acts 1997, 75th Leg., ch. 1036, Sec. Amended by Acts 1995, 74th Leg., ch. 3, eff. September 1, 2011. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. Sec. Acts 2021, 87th Leg., R.S., Ch. 3203), Sec. PDF Modified Possession and Access Order - Texas Law Help 330, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. A recommendation authorized by this subsection does not affect the terms of an existing court order. 153.014. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (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. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (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. Acts 2009, 81st Leg., R.S., Ch. Sec. 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. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. September 1, 2009. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 50 miles or less. 802, Sec. Acts 2013, 83rd Leg., R.S., Ch. 2, 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. 117 (S.B. Sec. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 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. 16, eff. (d) The standard possession order is designed to apply to a child three years of age or older. September 1, 2017. Sept. 1, 2003. 270), Sec. The Expanded Standard Possession Order for Child Custody 9, Sec. (2) the authority to exercise management and control of the suit. Acts 2007, 80th Leg., R.S., Ch. (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. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 153.073. 20, eff. (2) incorporated into an order signed by the court. (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. 34, eff. (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. 219), Sec. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. Acts 2005, 79th Leg., Ch. 153.605. 153.074. 2, eff. 1041 (H.B. Acts 2009, 81st Leg., R.S., Ch. 10, eff. September 1, 2007. April 20, 1995. 1113 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 153.376. September 1, 2017. 949, Sec. (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). Added by Acts 1995, 74th Leg., ch. 1, eff. 1113 (H.B. (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. (ii) is not appointed under another statute or a rule of civil procedure. Added by Acts 1995, 74th Leg., ch. 751, Sec. Acts 2009, 81st Leg., R.S., Ch. 20, Sec. (b) The court shall specify in the order the rights that a parent retains at all times. 421 (S.B. 1036, Sec. Sept. 1, 1995. Acts 2009, 81st Leg., R.S., Ch. The agreement must state whether the arbitration is binding or non-binding. September 1, 2009. 1, eff. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. April 20, 1995. 1, eff. Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year 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; (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 42 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.