ORDER FOR FAMILY COUNSELING. 802, Sec. Sec. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 20, Sec. 949, Sec. DUTIES OF PARENTING COORDINATOR. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. 20, 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. (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. 2, eff. 2, eff. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. 219), Sec. Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. (d) The parenting facilitator may not modify any order, judgment, or decree. CHILD LESS THAN THREE YEARS OF AGE. Acts 2013, 83rd Leg., R.S., Ch. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. 219), Sec. Sept. 1, 1999. (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. 1.048, eff. (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 (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 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) 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 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 (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. 484 (H.B. What Exactly is a Standard Possession Order - McNamara Law Office RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. Sec. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Acts 2009, 81st Leg., R.S., 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. 1036, Sec. 1012), Sec. June 17, 2011. Designation of Conservators . 421 (S.B. Sec. 09-2021) Page 1 of 10 Standard Possession Order . Added by Acts 2021, 87th Leg., R.S., Ch. (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. Acts 2009, 81st Leg., R.S., Ch. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search Sec. 153.254. (b) 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 described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (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 designated person has possession of the child; and. April 2, 2015. (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. Sec. 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. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (b) The report may not be admitted in evidence in a subsequent suit. 1, eff. 153.702. Sec. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Sec. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Acts 2013, 83rd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 845), Sec. PDF Modified Possession and Access Order - Texas Law Help 1113 (H.B. 682 (H.B. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 550), Sec. 1, eff. 1, eff. 38, eff. 23, eff. Sec. (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. 1, eff. Amended by Acts 1997, 75th Leg., ch. 236, Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 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. (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. Acts 2005, 79th Leg., Ch. 1, eff. September 1, 2013. Added by Acts 1995, 74th Leg., ch. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. 1228), Sec. Added by Acts 1995, 74th Leg., ch. 1036, Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1997. Sept. 1, 1997. 153.003. PDF Exhibit A: Standard Possession Order - Texas Law Help (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. (4) the right to direct the moral and religious training of the child. April 2, 2015. 219), Sec. 4, eff. 153.315. 1. September 1, 2009. 1012), Sec. 358 (H.B. Amended by Acts 1999, 76th Leg., ch. June 17, 2011. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. Sec. Sept. 1, 1995. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. (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), (8), and (9). 9, eff. 1088 (S.B. 2, eff. (5) any other agreement between the parties that is approved by a court. Sec. 20, Sec. Sec. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 153.133. (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. 972 (S.B. Sept. 1, 2003. 1156 (H.B. September 1, 2009. 8, eff. (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. 896 (H.B. Amended by Acts 2003, 78th Leg., ch. 916 (H.B. 1036, Sec. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. (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. 25, eff. 219), Sec. 153.134. 228), Sec. 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. Texas Family Code - FAM 153.317. 2, eff. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. ENFORCEMENT. 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. (2) is in the best interest of the child. 2. September 1, 2015. (b) The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator and the appointment is in the best interest of any minor child in the suit; and. 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. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. April 20, 1995. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. 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. 153.073. 1 (S.B. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. (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. 153.075. RIGHTS OF PARENT AT ALL TIMES. 1, eff. 1, eff. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. (b) The court may not appoint a parenting coordinator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting coordinator and the appointment is in the best interest of any minor child in the suit; and. Texas Family Code - FAM 153.314 | FindLaw (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. 1, eff. Added by Acts 2003, 78th Leg., ch. 8, eff. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Understanding the Texas Standard Possession Order (SPO) and Expanded September 1, 2007. Sec. September 1, 2015. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. (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. Sec. 1, eff. This subsection does not apply to suits filed under Chapter 262. 252), Sec. 1864), 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 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. (b) 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 or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. 1113 (H.B. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 2, eff. 260), Sec. (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.
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