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. 153.3115. 153.075. DEFINITIONS. Acts 2007, 80th Leg., R.S., Ch. 1390, Sec. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. 10, eff. 12, eff. (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 2017, 85th Leg., R.S., Ch. 153.251. 1, eff. 153.193. (2) provides that the child's primary residence shall be within a specified geographic area. Acts 2007, 80th Leg., R.S., Ch. 555), Sec. Acts 2005, 79th Leg., Ch. 236, Sec. September 1, 2009. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. September 1, 2009. (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. (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. (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. DUTY TO PROVIDE INFORMATION. 358 (H.B. 20, Sec. 1252 (H.B. Sec. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . Acts 2021, 87th Leg., R.S., Ch. 1, eff. 907 (H.B. 09-2021) Page 1 of 10 Standard Possession Order . 896 (H.B. (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. September 1, 2009. 9, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 35, eff. September 1, 2017. April 20, 1995. September 1, 2013. 153.003. 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. (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. 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. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. June 18, 2005. 1 (S.B. 7, eff. Amended by Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 751, Sec. 12(1), eff. 802, Sec. DUTIES OF PARENTING COORDINATOR. 3, eff. 31, eff. 330, Sec. 153.0071. 3203), Sec. 252), Sec. 1, eff. Sec. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 7, eff. September 1, 2007. 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. 252), Sec. Sept. 1, 1997. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. 421 (S.B. Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. (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. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. PARENTS WHO RESIDE OVER 100 MILES APART. 10, eff. 482 (H.B. Acts 2017, 85th Leg., R.S., Ch. (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. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. 153.703. Sec. 3, eff. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. 495), Sec. 24, eff. Sec. The Court ORDERS each conservator to obey this Standard Possession Order. 30, eff. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. 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. (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. 1, eff. (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. 3, eff. 1012), Sec. Sec. QUALIFICATIONS OF PARENTING COORDINATOR. 2023 Texas Standard Possession Order for Parents and Children (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. (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. Sec. 25, eff. 1936), Sec. September 1, 2009. New Visitation Law in Texas Added 50-Mile Category September 1 Acts 2009, 81st Leg., R.S., Ch. Sec. 1036, Sec. REPORT OF PARENTING FACILITATOR. 153.6051. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. DEFINITIONS. Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1999. 28, eff. (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. 1113 (H.B. 153.432. 1, eff. 153.375. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. Sec. 12(1), eff. Added by Acts 2005, 79th Leg., Ch. Texas Family Code - FAM 153.317. 11, eff. April 2, 2015. 1181 (H.B. Added by Acts 1995, 74th Leg., ch. (3) a final protective order was rendered against a party. April 2, 2015. 153.609. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. (b) The report may not be admitted in evidence in a subsequent suit. September 1, 2009. COMPENSATION OF PARENTING FACILITATOR. Sec. 153.376. The Court ORDERS that in this Possession Order the conservators are called Parent A and . Amended by Acts 1995, 74th Leg., ch. September 1, 2005. Texas Family Code - FAM 153.317 | FindLaw 153.610. 50 Miles Apart or Less | Office of the Attorney General Sec. September 1, 2007. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 2, eff. (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. Sept. 1, 1995. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 1193, Sec. BEST INTEREST OF CHILD. Added by Acts 1995, 74th Leg., ch. 1012), Sec. Acts 2007, 80th Leg., R.S., Ch. 1216), Sec. (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. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 153.257. Sept. 1, 1999. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. 219), Sec. 99 (S.B. Sec. 3, eff. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. Amended by Acts 1997, 75th Leg., ch. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Sec. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 20, Sec. 1191 (H.B. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. Acts 2009, 81st Leg., R.S., Ch. (B) any other method of voluntary dispute resolution. (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. 12(1), eff. Added by Acts 1995, 74th Leg., ch. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. Acts 2005, 79th Leg., Ch. (2) that the agreement is not in the child's best interest. (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. 13, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Custody & Visitation - Child Custody and Support - Guides at Texas 1181 (H.B. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 20, Sec. September 1, 2021. Sept. 1, 2003. 1041 (H.B. June 14, 2019. June 18, 2005. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Acts 2011, 82nd Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. (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. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 153.013. (b) The court shall specify the rights and duties of a person appointed possessory conservator. (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. 34, eff. 1 (S.B. 1.047, eff. 1113 (H.B. 20, Sec. 153.313. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. POLICY AND GENERAL APPLICATION OF GUIDELINES. APPOINTMENT OF PARENTING COORDINATOR. 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. 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. 20, Sec. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1995, 74th Leg., ch. 153.252. 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. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. September 1, 2019. Acts 2005, 79th Leg., Ch. (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. 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.