September 1, 2009. 2, eff. 20, Sec. 751, Sec. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Added by Acts 1995, 74th Leg., ch. September 1, 2017. (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. 1252 (H.B. 1, eff. Sec. April 20, 1995. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. 219), Sec. (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. 7, eff. 1, eff. Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. Sept. 1, 2003. 845), Sec. Sec. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. 751, 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. 5, eff. 1113 (H.B. from the primary residence of the child/ren. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. 1, eff. April 2, 2015. 1, eff. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. Sec. 22, eff. (c) It is preferable for all children in a family to be together during periods of possession. 1, eff. 1113 (H.B. (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. Sec. June 20, 2003. (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. 153.256. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 1289, Sec. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. INTERVIEW OF CHILD IN CHAMBERS. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 10, eff. 1012), Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. 1 (S.B. 153.551. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 219), Sec. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. April 2, 2015. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. (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. September 1, 2009. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 1, eff. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. (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. 36, eff. 153.255. Amended by Acts 1997, 75th Leg., ch. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 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. Amended by Acts 1995, 74th Leg., ch. POSSESSION OF OR ACCESS TO GRANDCHILD. Amended by Acts 1995, 74th Leg., ch. (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. 37, eff. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 1, eff. 16, eff. An offense under this subsection is a Class C misdemeanor. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. 20, Sec. Added by Acts 1995, 74th Leg., ch. 11(2), eff. Sec. 1012), Sec. The Court ORDERS that in this Possession Order the conservators are called Parent A and . (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. Sec. 8, eff. Acts 2005, 79th Leg., Ch. (2) the authority to exercise management and control of the suit. (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. 1397, Sec. 682 (H.B. (C) for any other reason the court considers relevant. 23, eff. Amended by Acts 1995, 74th Leg., ch. 10, eff. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. Added by Acts 1995, 74th Leg., ch. SUIT FOR ACCESS. (2) "Family violence" has the meaning assigned by Section 71.004. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. Sec. Added by Acts 1995, 74th Leg., ch. (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. 153.014. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. June 11, 2001. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1113 (H.B. September 1, 2009. September 1, 2005. Sec. September 1, 2007. Added by Acts 2001, 77th Leg., ch. 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. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 153.374. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 7, eff. No. 916 (H.B. June 18, 2005. Sec. Acts 2009, 81st Leg., R.S., Ch. 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. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. September 1, 2007. 153.433. 50 miles or less. 3, eff. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. Acts 2013, 83rd Leg., R.S., Ch. 1181 (H.B. Sept. 1, 2003. 1036, Sec. 1.048, eff. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. Acts 2009, 81st Leg., R.S., Ch. 2, eff. 153.6083. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. 936, Sec. (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. (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. 20, Sec. 153.6102. 586, Sec. 1012), Sec. 153.702. 153.317. April 2, 2015. 153.313. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. 1036, 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. 2, eff. 555), Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Sec. 99 (S.B. 11(2), eff. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 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. Sec. PARENTS WHO RESIDE OVER 100 MILES APART. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. September 1, 2017. 1390, Sec. 821), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1, eff. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. 30, eff. 11, eff. 18, eff. 153.373. 2, eff. 153.006. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. September 1, 2011. April 20, 1995. 3, 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. AGREEMENT. Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2011. (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. 20, Sec. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 1 (S.B. 751, Sec. COURT-ORDERED JOINT CONSERVATORSHIP. 1113 (H.B. Acts 2009, 81st Leg., R.S., Ch. 972 (S.B. 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. (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. 1, eff. (3) a final protective order was rendered against a party. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 20, Sec. 153.371. June 18, 2005. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 20, Sec. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. 153.134. Amended by Acts 1995, 74th Leg., ch. 153.004. Added by Acts 1995, 74th Leg., ch. (3) the terms and conditions of conservatorship and possession of and access to the child. 1181 (H.B. (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. 1, eff. 845), Sec. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 20, Sec. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. (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. 153.073. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. 13, eff. 802, Sec. 1181 (H.B. PARENTS WHO RESIDE 100 MILES OR LESS APART. 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. 112 (H.B. APPOINTMENT OF PARENTING COORDINATOR. Sec. 1181 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. 555), Sec. 1012), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. 24, eff. Acts 2013, 83rd Leg., R.S., Ch. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. 20, eff. 1012), 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. (4) the right to direct the moral and religious training of the child. Sec. 1012), Sec. Sept. 1, 1995. (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. 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.
Franklin Tn Youth Basketball Tournament, Essex County Cricket Players Salary, Articles T