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(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. Sept. 1, 2003. April 2, 2015. Added by Acts 1995, 74th Leg., ch. June 15, 2007. Added by Acts 2005, 79th Leg., Ch. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. 153.073. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 20, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1997. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 642, Sec. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Parenting Time Schedule | Office of the Attorney General 751, Sec. April 20, 1995. 153.005. REBUTTABLE PRESUMPTION. TEMPORARY ORDERS. 751, Sec. 25, eff. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. 1036, Sec. 1237), Sec. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. 1, eff. 751, Sec. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 153.258. September 1, 2009. 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. 421 (S.B. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. April 20, 1995. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. September 1, 2015. Sec. 153.075. Added by Acts 1995, 74th Leg., ch. 967 (S.B. 1252 (H.B. (2) is in the best interest of the child. 1113 (H.B. Sec. Sept. 1, 2003. Sept. 1, 2003. (4) the right to direct the moral and religious training of the child. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. September 1, 2009. 1012), Sec. (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. EQUAL POSSESSION NOT REQUIRED. (d) The standard possession order is designed to apply to a child three years of age or older. 818), Sec. 112 (H.B. April 2, 2015. Sept. 1, 1997. (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. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 802, Sec. 153.252. 153.002. 1, eff. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 358 (H.B. Texas Family Code Section 153.314 - Holiday Possession Unaffected by Sec. 20, Sec. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. 1404), Sec. 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. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. (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. (2) through an oral statement made in open court on the record. (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. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. The term does not include National Guard or Reserve annual training. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 153.135. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. Amended by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. 33, eff. April 20, 1995. Acts 2005, 79th Leg., Ch. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. April 20, 1995. 10, eff. 1012), Sec. September 1, 2013. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. 10, eff. 153.6082. (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. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 260), Sec. 845), Sec. Sec. 1, eff. (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. (5) any other agreement between the parties that is approved by a court. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. (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. September 1, 2009. (d) The parenting facilitator may not modify any order, judgment, or decree. 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. 733 (H.B. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. Sec. Acts 2005, 79th Leg., Ch. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 260), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1113 (H.B. Acts 2009, 81st Leg., R.S., Ch. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 482 (H.B. 1, eff. APPOINTMENT OF POSSESSORY CONSERVATOR. 1, eff. 907 (H.B. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. from the primary residence of the child/ren. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. 1397, Sec. DUTIES OF PARENTING COORDINATOR. Sec. Sec. April 20, 1995. 1, eff. Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos 153.255. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 949, Sec. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. 1, eff. 1012), Sec. Sept. 1, 1995. 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. 153.6091. 86 (S.B. They will not automatically be granted their preferred custody arrangement as the court still must rule . 153.314 Texas Family Code - FAM 153.314. Texas Family Code Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 1181 (H.B. 1, eff. Sec. September 1, 2009. (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. 20, Sec. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. Acts 2015, 84th Leg., R.S., Ch. 2, eff. 2, eff. 11, eff. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 1041 (H.B. 1113 (H.B. 252), Sec. (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. Acts 2011, 82nd Leg., R.S., Ch. 1181 (H.B. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 153.3171. 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. 2, eff. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. 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. September 1, 2017. Amended by Acts 1997, 75th Leg., ch. 2, eff. 1.043, eff. 1 (S.B. Sec. This is a presumption that may be rebutted if not in the child's best interest. 555), Sec. 10, eff. 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. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 20, Sec. DEFINITIONS. 153.015. Added by Acts 1995, 74th Leg., ch. REPORT OF PARENTING COORDINATOR. Sec. 153.014.
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