September 1, 2013. 153.375. Sept. 1, 1999; Acts 1999, 76th Leg., ch. from the primary residence of the child/ren. 1181 (H.B. 29, eff. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. 781, Sec. 5, eff. 1012), Sec. Summer, holidays, and special days. September 1, 2009. (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. 279), Sec. 482 (H.B. 817), Sec. 1113 (H.B. 1181 (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 . 2, eff. 117 (S.B. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. 751, Sec. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. 3203), Sec. 936, Sec. Acts 2017, 85th Leg., R.S., Ch. 260), Sec. Acts 2005, 79th Leg., Ch. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. 27, eff. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. April 20, 1995. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. 2, eff. (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. Parenting Time Schedule | Office of the Attorney General Sept. 1, 1997. 555), Sec. 12(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. 484 (H.B. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 2, eff. 7, eff. April 20, 1995. 916 (H.B. 9, eff. 13, eff. 1, eff. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. September 1, 2007. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . 1113 (H.B. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 36, eff. April 2, 2015. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. Text of subsection as added by Acts 2021, 87th Leg., R.S., 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. Sept. 1, 2003. Acts 2005, 79th Leg., Ch. 7, eff. Sept. 1, 2003. 153.433. April 20, 1995. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child 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. 1113 (H.B. DEFINITIONS. 153.317. APPOINTMENT OF POSSESSORY CONSERVATOR. 2, eff. 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. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 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. 2, eff. The Expanded Standard Possession Order for Child Custody (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). (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. 20, Sec. Acts 2009, 81st Leg., R.S., Ch. 50 Miles Apart or Less | Office of the Attorney General Added 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. QUALIFICATIONS OF PARENTING COORDINATOR. 1.049, eff. Designation of Conservators Added by Acts 1995, 74th Leg., ch. 153.193. Sept. 1, 2003. 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, 2009. 751, Sec. 1216), 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). Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. (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. This is a presumption that may be rebutted if not in the child's best interest. April 20, 1995. (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. CHILD LESS THAN THREE YEARS OF AGE. 1156 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sec. (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. 2, eff. New Visitation Law in Texas Added 50-Mile Category September 1 (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. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. 86(R) HB 1807 - House Committee Report version - Texas The court shall set the amount and condition the bond or security on compliance with the order. Sec. 1237), Sec. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. (3) the terms and conditions of conservatorship and possession of and access to the child. (b) The report may not be admitted in evidence in a subsequent suit. 28, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. (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. September 1, 2017. 1113 (H.B. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. (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. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 936, Sec. 20, Sec. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. Acts 2017, 85th Leg., R.S., Ch. Sec. TCLL - FM-Chil-306 Standard Possession Order (Rev. 153.015. Acts 2015, 84th 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. September 1, 2009. 12, eff. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. 3, eff. (C) for any other reason the court considers relevant. 10, eff. 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. 937, Sec. 219), Sec. April 20, 1995. September 1, 2009. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. September 1, 2015. 555), Sec. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. 845), Sec. September 1, 2005. 153.131. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. Sept. 1, 2003. Sec. Acts 2021, 87th Leg., R.S., Ch. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. 153.138. 153.256. September 1, 2013. COMPENSATION OF PARENTING COORDINATOR. Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. 252), Sec. (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. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. (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. 153.255. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. 219), Sec. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday 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 Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday. 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.
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