(D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. 11(2), eff. 358 (H.B. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. 4, eff. (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. September 1, 2013. 1113 (H.B. 896 (H.B. (c) It is preferable for all children in a family to be together during periods of possession. 153.192. (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. (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. 1113 (H.B. September 1, 2009. 4, eff. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. April 20, 1995. Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997. 1012), Sec. Acts 2009, 81st Leg., R.S., Ch. 18, eff. Acts 2005, 79th Leg., Ch. 153.256. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 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. 153.005. 112 (H.B. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 3, eff. 153.012. Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. September 1, 2007. Sec. Sec. (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. September 1, 2005. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. 153.007. Sept. 1, 2003. REBUTTABLE PRESUMPTION. (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. September 1, 2009. (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. 1, eff. September 1, 2005. April 20, 1995. 555), Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. The Court ORDERS each conservator to obey this Standard Possession Order. Sec. 1191 (H.B. 1012), Sec. Amended by Acts 1999, 76th Leg., ch. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (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. 751, Sec. Sec. 99 (S.B. 1036, Sec. EQUAL POSSESSION NOT REQUIRED. September 1, 2009. Added by Acts 2001, 77th Leg., ch. 153.317. September 1, 2009. 219), Sec. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 330, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 1, eff. TITLE 5. (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. 153.503. 1, eff. Designation of Conservators September 1, 2015. 153.377. 153.432. 261), Sec. 1.047, eff. September 1, 2011. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 555), Sec. 555), Sec. SUBCHAPTER I. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator 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. 1036, Sec. Sec. Sec. FACTORS FOR COURT TO CONSIDER. Sept. 1, 2003. (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. 4, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. September 1, 2021. 252), Sec. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. Sec. (ii) is not appointed under another statute or a rule of civil procedure. (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. Added by Acts 1995, 74th Leg., ch. Sec. Sec. (3) a final order described by Section 155.001(b). (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. Sec. Sec. 949, Sec. 260), Sec. 555), Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. 153.375. Acts 2005, 79th Leg., Ch. September 1, 2005. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 3203), Sec. 1, eff. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. Acts 2015, 84th Leg., R.S., Ch. 2, eff. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. BEST INTEREST OF CHILD. Added by Acts 1995, 74th Leg., ch. (b) The court shall specify the rights and duties of a person appointed possessory conservator. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. Sec. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 1228), Sec. 1012), Sec. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. Sec. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. Added by Acts 1995, 74th Leg., ch. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. FALSE REPORT OF CHILD ABUSE. 1012), Sec. 907 (H.B. ORDER FOR FAMILY COUNSELING. Sec. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. June 18, 2005. Sec. Acts 2007, 80th Leg., R.S., Ch. 20, Sec. April 20, 1995. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. Sec. Sec. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 1113 (H.B. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2003. 751, Sec. September 1, 2007. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. (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. April 2, 2015. (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) 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. 2, eff. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Acts 2005, 79th Leg., Ch. 1012), 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. (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. 484 (H.B. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. 153.314 Texas Family Code - FAM 153.314. 553), Sec. 916 (H.B. 1012), Sec. 1237), Sec. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 260), Sec. (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. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. 20, Sec. COMPENSATION OF PARENTING FACILITATOR. Sec. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Designation of Conservators . 153.6081. (c) Public funds may not be used to pay the fees of a parenting coordinator. Section 153.009 of the Texas Family Code. 937, Sec. 20, Sec. 1041 (H.B. (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. (b) The report may not be admitted in evidence in a subsequent suit. (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. September 1, 2015. Sec. Sec. September 1, 2007. SUIT FOR ACCESS. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. 751, Sec. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. PARENTS WHO RESIDE OVER 100 MILES APART. Acts 2007, 80th Leg., R.S., Ch. 153.605. TEMPORARY ORDERS. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. Acts 2019, 86th Leg., R.S., Ch. 153.608. 1, eff. September 1, 2009. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. 12(1), eff. Sec. Amended by Acts 1995, 74th Leg., ch. 153.373. 153.611. 153.135. Sec. September 1, 2009. September 1, 2019. (6) has a criminal history or a history of violating court orders. Texas Family Code Sec. 751, Sec. 19, eff. 20, Sec. 14, eff. 153.603. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. 33, eff. June 18, 2005. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. 2, eff. (c) 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) 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). A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. (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.
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