September 1, 2009. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. 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. (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. Sept. 1, 1999. 2. The standard possession order options available to parents can change based on how far you live from one another. June 18, 2005. 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. April 20, 1995. 153.3115. 1, eff. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. 261), Sec. 153.314. 495), Sec. (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. 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. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. Sec. Sec. Sec. (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. 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. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. PDF Exhibit A: Standard Possession Order - Texas Law Help Sec. September 1, 2009. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). 1012), Sec. Amended by Acts 1999, 76th Leg., ch. (3) the terms and conditions of conservatorship and possession of and access to the child. 3, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 555), Sec. 20, Sec. September 1, 2005. 330, Sec. 86 (S.B. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled Sept. 1, 1995; Acts 1999, 76th Leg., ch. September 1, 2017. They will not automatically be granted their preferred custody arrangement as the court still must rule . APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. 1113 (H.B. 1113 (H.B. 1, eff. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. 8, eff. 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. (b) The court shall specify in the order the rights that a parent retains at all times. 1, eff. Designation of Conservators . 153.708. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Sec. 642, Sec. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. 153.006. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1012), Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. BEST INTEREST OF CHILD. 845), Sec. 1, eff. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 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. 555), Sec. Sept. 1, 2003. September 1, 2021. 23, eff. (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) 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. 153.316. 936, Sec. Section 153.009 of the Texas Family Code. (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. September 1, 2011. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. Added by Acts 1995, 74th Leg., ch. 20, Sec. Amended by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. Sec. Acts 2005, 79th Leg., Ch. 20, Sec. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. 1864), Sec. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. (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. 153.6082. 153.132. 1166 (S.B. 153.374. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. (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. 751, Sec. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year 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; (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 42 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. April 2, 2015. (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. 733 (H.B. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. 153.371. Added by Acts 1995, 74th Leg., ch. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. September 1, 2007. 13, eff. Sec. Sec. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. 20, Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. 1936), Sec. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. Acts 2019, 86th Leg., R.S., Ch. 153.607. Sept. 1, 1995; Acts 2003, 78th Leg., ch. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. April 2, 2015. Sec. 1 (S.B. 20, eff. 1, eff. WEEKEND POSSESSION EXTENDED BY HOLIDAY. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Acts 2011, 82nd Leg., R.S., Ch. Docket No. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sec. (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. Sec. 2, eff. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 3, eff. 20, Sec. 20, Sec. 586, Sec. Sept. 1, 1997. (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. 1113 (H.B. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. 2, eff. 261), Sec. September 1, 2005. 1252 (H.B. 27, eff. Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. 1, eff. 50 Miles Apart or Less | Office of the Attorney General 153.071. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. This subsection does not apply to suits filed under Chapter 262. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (a) If the conservator without 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 award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1113 (H.B. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. September 1, 2007. REPORT OF PARENTING COORDINATOR. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. 553), 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. 6, eff. Acts 2005, 79th Leg., Ch. SECURITY BOND. 153.6091. Designation of Conservators (3) any other factor the court considers appropriate. GENERAL TERMS AND CONDITIONS. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 153.003. 1012), Sec. RIGHTS OF PARENT AT ALL TIMES. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 1, eff. 1041 (H.B. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 1012), Sec. DEFINITIONS. AGREED PARENTING PLAN. 17, eff. 1 (S.B. 1012), Sec. 1150 (S.B. 1012), Sec. 896 (H.B. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. 153.434. The Court ORDERS each conservator to obey this Standard Possession Order.
Randee St Nicholas Husband, Articles T