751, Sec. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 153.608. 1181 (H.B. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. REBUTTABLE PRESUMPTION. 1228), Sec. 555), Sec. 421 (S.B. 1036, Sec. Amended by Acts 1995, 74th Leg., ch. (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. DUTIES OF PARENTING FACILITATOR. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. Sec. 261), Sec. 153.551. The Court ORDERS that in this Possession Order the conservators are called Parent A and . September 1, 2015. 23, eff. Added by Acts 1995, 74th Leg., ch. 1, eff. 153.311. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 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. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. An offense under this subsection is a Class C misdemeanor. 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. 1864), Sec. Acts 2009, 81st Leg., R.S., Ch. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. (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. Sec. 50 miles or less. (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. Acts 2011, 82nd Leg., R.S., Ch. 1113 (H.B. 219), Sec. 153.074. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. (2) the authority to exercise management and control of the suit. (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. (b) The report may not be admitted in evidence in a subsequent suit. 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. BEST INTEREST OF CHILD. 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. 1181 (H.B. (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. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. Sept. 1, 2003. Acts 2019, 86th Leg., R.S., Ch. (d) The parenting facilitator may not modify any order, judgment, or decree. TITLE 5. 153.315. 153.138. 1, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 153.013. Sec. (d) The court may not consider the availability of electronic communication as a factor in determining child support. Standard & Expanded Possession Order Calendar in Texas (2023) Sec. 16, eff. 802, Sec. 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. 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. 260), Sec. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . Amended by Acts 1995, 74th Leg., ch. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. September 1, 2009. 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. 260), Sec. April 20, 1995. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 1113 (H.B. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 1113 (H.B. 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. Sec. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. September 1, 2007. September 1, 2015. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. (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. 1150 (S.B. (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. 149), Sec. 495), Sec. 112 (H.B. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. Sec. Sec. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. Sec. September 1, 2007. Sec. Sept. 1, 2003. (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. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 29, eff. (2) that the agreement is not in the child's best interest. PARENTS WHO RESIDE OVER 100 MILES APART. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . (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). 153.135. (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. 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. (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. Sept. 1, 1999. Sec. (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. 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. 11, eff. September 1, 2019. 1390, Sec. (3) a final order described by Section 155.001(b). Sec. 153.192. (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.
