(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. (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. September 1, 2011. (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. 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. 112 (H.B. Sec. Sec. 1404), Sec. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. (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. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 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; and. 1167 (S.B. September 1, 2017. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Sept. 1, 2003. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. Acts 2015, 84th Leg., R.S., Ch. 7, eff. QUALIFICATIONS OF PARENTING COORDINATOR. September 1, 2007. 4, eff. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 153.434. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 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 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. (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. 733 (H.B. (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. 2, eff. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 8, eff. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. September 1, 2019. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 1113 (H.B. Sept. 1, 2003. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. Docket No. 907 (H.B. 05-9107, June 13, 2005). Sec. 1, eff. 153.007. They will not automatically be granted their preferred custody arrangement as the court still must rule . (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. Amended by Acts 1995, 74th Leg., ch. Sec. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 967 (S.B. (c) 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 without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (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 person has possession of the child; and. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). 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. September 1, 2009. 153.503. 35, eff. (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. 153.254. (3-a) "Parenting facilitator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and. 916 (H.B. Holiday Possession Unaffected by Distance Parents Reside Apart Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 219), Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 1, eff. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. September 1, 2017. 6, eff. PARENTS WHO RESIDE OVER 100 MILES APART. 1, eff. (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. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 1, eff. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. 1, eff. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. 1, eff. 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. 1 (S.B. Added by Acts 1995, 74th Leg., ch. 896 (H.B. Sec. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. April 2, 2015. 236, Sec. 787, Sec. 2, eff. 149), Sec. (3) "Parenting coordinator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.606 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures; and. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. September 1, 2005. 1012), Sec. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 153.6091. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. 153.072. 1036, 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. Sec. 153.005. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 1036, Sec. 4, eff. 9, Sec. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 20, Sec. 153.012. COURT-ORDERED JOINT CONSERVATORSHIP. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 20, Sec. 967 (S.B. 1, eff. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. September 1, 2009. 153.316. 2, eff. September 1, 2009. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 153.606. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 555), Sec. Sec. 751, Sec. 153.6061. 482 (H.B. 1012), Sec. 1113 (H.B. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. June 20, 2003. 153.433. 10, eff. 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. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. Sec. 1, eff. 2, eff. Sec. (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. Sec. 774, Sec. 4, eff. (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. POLICY AND GENERAL APPLICATION OF GUIDELINES. 153.603. ORDER FOR FAMILY COUNSELING. Acts 2005, 79th Leg., Ch. 1, eff. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. 153.014. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. 153.011. REPORT OF PARENTING COORDINATOR. 1, eff. 3, eff. 1181 (H.B. 20, Sec. Sec. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 1113 (H.B. 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. (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. April 20, 1995. (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. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. 153.6083. 2, eff. 1, eff. Summer, holidays, and special days. No. 153.6101. ENFORCEMENT. September 1, 2007. (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, 2007. 2, eff. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . Designation of Conservators (3) any other factor the court considers appropriate. DEFINITIONS. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 153.252. 20, Sec. Sec. April 20, 1995. COMPENSATION OF PARENTING FACILITATOR. Sept. 1, 2003. 34, eff. 555), Sec. This is a presumption that may be rebutted if not in the child's best interest. September 1, 2005. September 1, 2015. APPOINTMENT OF POSSESSORY CONSERVATOR. 751, Sec. 2, eff. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. Sec. 1.046, eff. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 2, eff. 3, eff. 555), Sec. (d) The court may not consider the availability of electronic communication as a factor in determining child support. Amended by Acts 1995, 74th Leg., ch. 555), Sec. 153.313. Added by Acts 1995, 74th Leg., ch. 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. (C) for any other reason the court considers relevant. (3) a final order described by Section 155.001(b). 2, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. (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. 9, Sec. 916 (H.B. 1, eff. (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. 817), Sec. 153.3721. Acts 2015, 84th Leg., R.S., Ch. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . Sept. 1, 2001; Acts 2003, 78th Leg., ch. the child is under 3 and the noncustodial parent did not have frequent, ongoing . Sec. 153.708. September 1, 2007. 7, eff. REBUTTABLE PRESUMPTION. September 1, 2013. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. (2) provides that the child's primary residence shall be within a specified geographic area. 751, Sec. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. (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. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 153.075. 153.192. 1936), Sec. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD.
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