SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. June 18, 2005. 7, eff. (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. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. Section 153.009 of the Texas Family Code. (2) the authority to exercise management and control of the suit. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. April 20, 1995. 1 (S.B. 1 (S.B. 26, eff. September 1, 2005. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 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. (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. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. September 1, 2015. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. 1, eff. 20, Sec. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). Sec. September 1, 2007. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 10, eff. 2, eff. Sec. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. 153.006. The term does not include National Guard or Reserve annual training. Sec. 153.0071. 1181 (H.B. Designation of Conservators . 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. 153.131. April 20, 1995. 17, eff. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 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. (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. 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. (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. 153.004. 153.312. 1, eff. 236, Sec. 153.611. Sec. Sec. (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. 553), Sec. 1113 (H.B. Sec. 29, eff. (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. 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. 1, eff. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. (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. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. Acts 2009, 81st Leg., R.S., Ch. 817), Sec. (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. 30, eff. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. September 1, 2017. 20, Sec. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. September 1, 2009. 916 (H.B. Acts 2009, 81st Leg., R.S., Ch. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. SUBCHAPTER B. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. (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. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. Sec. SUBCHAPTER I. 1113 (H.B. POLICY AND GENERAL APPLICATION OF GUIDELINES. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. April 2, 2015. POSSESSION OF OR ACCESS TO GRANDCHILD. 12(1), eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (C) maintain possession of the child's passport. (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. 9, eff. Acts 2005, 79th Leg., Ch. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. 10, eff. Sec. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. September 1, 2007. SECURITY BOND. 1, 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. Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. 1228), Sec. (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. Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1181, Sec. (b) 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 described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (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 designated person has possession of the child; and. 20, Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 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.
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