STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. 1113 (H.B. 153.012. Amended by Acts 1999, 76th Leg., ch. 1, eff. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 1036, Sec. 1036, Sec. Acts 2015, 84th Leg., R.S., Ch. Designation of Conservators 555), Sec. (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. 153.076. 20, Sec. Acts 2013, 83rd Leg., R.S., Ch. (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. Amended by Acts 1997, 75th Leg., ch. 153.377. (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. September 1, 2007. 358 (H.B. September 1, 2019. 153.374. 153.608. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 11, eff. 1.043, eff. 916 (H.B. Sept. 1, 2003. Sec. 1228), Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sept. 1, 1995. 1, eff. 330, Sec. 1012), Sec. 20, Sec. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Sec. Sec. Sept. 1, 2003. (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. 1, eff. 20, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. AGREED PARENTING PLAN. 153.376. FALSE REPORT OF CHILD ABUSE. Amended by Acts 1997, 75th Leg., ch. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. September 1, 2007. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Sec. 1167 (S.B. (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. 153.606. September 1, 2009. 1113 (H.B. Sec. Sec. 1, eff. (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. 153.3115. (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. 1191 (H.B. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. 30, eff. June 18, 2005. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 1, eff. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. 252), Sec. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. 1113 (H.B. 7, eff. POLICY AND GENERAL APPLICATION OF GUIDELINES. Added by Acts 2009, 81st Leg., R.S., Ch. 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. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 1864), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 153.132. 14, eff. 236, Sec. 20, Sec. PARENTS WHO RESIDE 100 MILES OR LESS APART. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. (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. Sept. 1, 2003. (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. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. Sec. 1, eff. They will not automatically be granted their preferred custody arrangement as the court still must rule . Sept. 1, 2003. 1216), Sec. 1228), Sec. 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 1995, 74th Leg., ch. 261), Sec. 4, eff. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. (3) a final protective order was rendered against a party. September 1, 2018. Texas Standard Possession Order| New 50-Mile Category [2022] (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. 1181 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 642, Sec. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 277 (H.B. 252), Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. 1, eff. 2, eff. 1012), Sec. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. September 1, 2007. 1181 (H.B. 1.049, eff. (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. (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. from the primary residence of the child/ren. (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). 1181, Sec. Added by Acts 2005, 79th Leg., Ch. (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. 1036, Sec. 219), 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). The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. 553), Sec. A recommendation authorized by this subsection does not affect the terms of an existing court order. 555), Sec. 421 (S.B. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. Sec. Designation of Conservators . Acts 2009, 81st Leg., R.S., Ch. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Acts 2013, 83rd Leg., R.S., Ch. (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. 1012), Sec. What Is Extended Summer Possession in Texas? - Law Office of Brett H (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. 219), Sec. 13, eff. 1237), Sec. 19, eff. 10, eff. (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. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. Added by Acts 2009, 81st Leg., R.S., Ch. Understanding the Texas Standard Possession Order (SPO) and Expanded 1, eff. 1181 (H.B. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 1193, 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. September 1, 2011. Sept. 1, 1999. September 1, 2009. Sec. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. 561, Sec. September 1, 2011. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. Sec. (2) "Family violence" has the meaning assigned by Section 71.004. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. 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. 1, eff. 1, eff. 12(1), eff. September 1, 2007. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 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. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. Added by Acts 1995, 74th Leg., ch. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 29, eff. The court shall set the amount and condition the bond or security on compliance with the order. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 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.
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