38, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 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. 1.045, eff. 1181 (H.B. 24, eff. 786, Sec. 1237), Sec. The Court ORDERS that this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. 153.433. June 15, 2007. 1041 (H.B. Added by Acts 1995, 74th Leg., ch. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. (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. Sec. Sec. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. June 18, 2005. Sec. 2, eff. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 29, eff. 153.6101. Sept. 1, 2003. (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). (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 7, eff. Sec. 153.257. September 1, 2013. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 9, eff. (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. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. September 1, 2009. 1, eff. 153.6081. DUTIES OF PARENTING COORDINATOR. 99 (S.B. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 967 (S.B. 9, eff. 751, 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. 13, eff. (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. 495), Sec. Amended by Acts 2003, 78th Leg., ch. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. Acts 2007, 80th Leg., R.S., Ch. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. (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. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. (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. September 1, 2017. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. APPOINTMENT OF POSSESSORY CONSERVATOR. Amended by Acts 1997, 75th Leg., ch. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. September 1, 2011. 1, eff. 1012), Sec. April 20, 1995. 1012), Sec. 1193, Sec. 751, Sec. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (B) any other method of voluntary dispute resolution. 1012), Sec. 13, eff. June 15, 2007. April 20, 1995. 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. September 1, 2017. DEFINITIONS. 1012), Sec. April 20, 1995. 9, eff. Amended by Acts 1997, 75th Leg., ch. 751, Sec. 153.314 Texas Family Code - FAM 153.314. Added by Acts 2021, 87th Leg., R.S., Ch. They will not automatically be granted their preferred custody arrangement as the court still must rule . ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. Acts 2013, 83rd Leg., R.S., Ch. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 555), Sec. 153.373. 1, eff. 1, eff. 153.00715. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sec. 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). September 1, 2019. Sept. 1, 2003. June 17, 2011. (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. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) 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. 153.502. Sec. 555), Sec. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 153.005. 153.003. 05-9107, June 13, 2005). PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 495), Sec. 219), Sec. 682 (H.B. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. Sec. Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. 153.0071. 20, Sec. 1216), Sec. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. Acts 2017, 85th Leg., R.S., Ch. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. 1113 (H.B. (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. 1113 (H.B. (3) a final protective order was rendered against a party. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 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. Acts 2009, 81st Leg., R.S., Ch. 153.6083. 1.047, eff. 1. 20, Sec. 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. (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. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. Sec. 1036, Sec. September 1, 2013. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1181 (H.B. 4, eff. Acts 2009, 81st Leg., R.S., Ch. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. Sec. 4, eff. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 1181 (H.B. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 1, eff. 555), Sec. 751, Sec. 1181 (H.B. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. (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. 1 (S.B. 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). 153.007. Acts 2005, 79th Leg., Ch. 1181 (H.B. (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. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. Sept. 1, 1999. (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. 252), Sec. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. The agreement must state whether the arbitration is binding or non-binding. 20, Sec. 2, eff. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. Acts 2009, 81st Leg., R.S., Ch. Sec. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. (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. Sec. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 1, eff. 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. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Acts 2009, 81st Leg., R.S., Ch. Sec. Sept. 1, 1995. 153.012. 1 (S.B. Acts 2007, 80th Leg., R.S., Ch. (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. 550), Sec. 1012), Sec. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sec. 555), Sec. (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. (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. Acts 2009, 81st Leg., R.S., Ch. Sec. 1, eff. A recommendation authorized by this subsection does not affect the terms of an existing court order. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. 20, Sec. MEANS OF TRAVEL. Sec. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. September 1, 2009. 9, Sec. 3, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. April 2, 2015. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. 28, eff. 896 (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 3, eff. 11(2), 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.