2, eff. (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. 751, Sec. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. Acts 2005, 79th Leg., Ch. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. (b) A nonparent possessory conservator has any other right or duty specified in the order. 19, eff. 153.0071. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 1, eff. 36, eff. (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). SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Sec. 14, eff. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. 20, Sec. 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). Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). DUTIES OF PARENT NOT APPOINTED CONSERVATOR. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. (13) any other evidence of the best interest of the child. 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. 153.607. (B) does not give 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 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Acts 2015, 84th Leg., R.S., Ch. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. 153.004. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 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. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. 1. June 18, 2005. 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. September 1, 2007. 7, eff. Amended by Acts 1995, 74th Leg., ch. 1, eff. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (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. 153.603. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 2003. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. 781, Sec. 421 (S.B. April 2, 2015. 7, eff. Sec. Amended by Acts 1999, 76th Leg., ch. 1, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 896 (H.B. 2, eff. (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. 1, eff. 1181, Sec. Sept. 1, 1995. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. September 1, 2005. (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. 153.702. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. Sec. April 20, 1995. 3203), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 3145), Sec. 153.609. 3, eff. 1036, Sec. 1237), Sec. September 1, 2009. 2, eff. September 1, 2015. Sec. 153.434. Sec. Sec. 1, eff. 1216), Sec. Added by Acts 2005, 79th Leg., Ch. (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. Sec. The court shall set the amount and condition the bond or security on compliance with the order. 751, Sec. 20, Sec. 1, eff. 11, eff. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 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. September 1, 2021. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. September 1, 2019. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 751, Sec. September 1, 2009. (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. 358 (H.B. 1.048, eff. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. 153.254. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. September 1, 2017. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. (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. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. Amended by Acts 1999, 76th Leg., ch. RIGHTS OF PARENT AT ALL TIMES. Acts 2005, 79th Leg., Ch. 219), Sec. 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. 1.046, eff. Added by Acts 1995, 74th Leg., ch. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. Added by Acts 1995, 74th Leg., ch. 4, eff. POLICY AND GENERAL APPLICATION OF GUIDELINES. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 1, eff. (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. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. REPORT OF PARENTING COORDINATOR. 1404), Sec. 555), Sec. (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and any other right or duty expressly granted to the possessory conservator in the order. (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. 1012), Sec. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. 8, eff. (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. 32, eff. 33, eff. 149), Sec. (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. 1, eff. 1193, Sec. 153.00715. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 5, eff. 1012), Sec. Sec. 260), Sec. Sept. 1, 1999. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. 14, eff. 112 (H.B. 787, Sec. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. This subsection does not apply to suits filed under Chapter 262. Added by Acts 1995, 74th Leg., ch. 802, Sec. April 20, 1995. 1237), Sec. (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. (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. 153.074. April 20, 1995. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. Added by Acts 1995, 74th Leg., 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. 1, eff. Sept. 1, 2003. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. Section 153.009 of the Texas Family Code. 37, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (2) through an oral statement made in open court on the record. Acts 2005, 79th Leg., Ch. September 1, 2013. Sept. 1, 2003. 153.135. 1, eff. The standard possession order options available to parents can change based on how far you live from one another. 153.251. 2, eff. (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. 1, eff. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 967 (S.B. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. 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 . 6, eff. 1, eff. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (6) has a criminal history or a history of violating court orders. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. 153.011. 27, eff. 153.314. (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. 22, eff. 261), Sec. The election may be made: (1) in a written document filed with the court; or. (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. (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.

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