texas family code expanded standard possession order

Acts 2009, 81st Leg., R.S., Ch. 1012), Sec. 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. 3, eff. 916 (H.B. 2, eff. September 1, 2005. June 18, 2005. COURT-ORDERED JOINT CONSERVATORSHIP. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 261), Sec. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. April 20, 1995. 99 (S.B. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. Added by Acts 1995, 74th Leg., ch. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . Sept. 1, 1999. 4, eff. 916 (H.B. (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. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. Added by Acts 1995, 74th Leg., ch. 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. April 20, 1995. Sec. Acts 2015, 84th Leg., R.S., Ch. (3) a final order described by Section 155.001(b). Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. 1, eff. 1181 (H.B. Acts 2007, 80th Leg., R.S., Ch. ORDER FOR FAMILY COUNSELING. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 1 (S.B. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . Sept. 1, 1995. Acts 2005, 79th Leg., Ch. 153.003. (3) a final protective order was rendered against a party. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. Sec. 733 (H.B. 1, eff. Acts 2009, 81st Leg., R.S., Ch. (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. 1.043, eff. 1.045, eff. 751, Sec. 1237), Sec. 153.6031. 781, Sec. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. The Standard Possession Order is known as the "default" schedule. 38, eff. 907 (H.B. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. (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. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 642, Sec. 1012), Sec. Text of subsection as added by Acts 2021, 87th 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. 751, Sec. 967 (S.B. September 1, 2013. 219), Sec. 1397, Sec. Added by Acts 2001, 77th Leg., ch. 1012), Sec. April 20, 1995. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Sec. 1, eff. April 2, 2015. 153.502. 153.009. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. 1088 (S.B. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 751, Sec. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). Sept. 1, 1999. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2009. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. SUBCHAPTER I. Aug. 30, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 2003. (3) the terms and conditions of conservatorship and possession of and access to the child. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 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. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Sec. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. 260), Sec. (c) It is preferable for all children in a family to be together during periods of possession. 1, eff. (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. 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. Amended by Acts 1995, 74th Leg., ch. This subsection does not apply to suits filed under Chapter 262. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (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. Acts 2015, 84th Leg., R.S., Ch. 153.377. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. April 20, 1995. September 1, 2021. 1, eff. (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). Acts 2007, 80th Leg., R.S., Ch. 25, eff. Amended by Acts 1997, 75th Leg., ch. September 1, 2009. 1, eff. 12(1), eff. (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. Acts 2021, 87th Leg., R.S., Ch. (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. 1113 (H.B. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator 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. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. June 18, 2005. 153.6082. 555), Sec. 2, eff. 896 (H.B. April 2, 2015. September 1, 2015. 1166 (S.B. 1, eff. 1, eff. 252), Sec. 219), Sec. 153.3171. Added by Acts 1995, 74th Leg., ch. 10, eff. TCLL - FM-Chil-306 Standard Possession Order (Rev. Sec. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. September 1, 2009. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. Added by Acts 1995, 74th Leg., ch. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. 50 miles or less. Acts 2009, 81st Leg., R.S., Ch. 1181 (H.B. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. 1156 (H.B. 555), Sec. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 153.013. 555), Sec. 3, eff. September 1, 2018. Sec. 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. (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. 153.012. RIGHTS OF PARENT AT ALL TIMES. Added by Acts 2009, 81st Leg., R.S., Ch. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. 751, Sec. 6, eff. 20, Sec. 1936), Sec. 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. Acts 2005, 79th Leg., Ch. 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. (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. 153.376. 34, eff. Sec. September 1, 2007. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Amended by Acts 1999, 76th Leg., ch. QUALIFICATIONS OF PARENTING FACILITATOR. Sec. Sec. September 1, 2007. 421 (S.B. 1. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 153.007. 153.703. 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. 153.606. Added by Acts 1995, 74th Leg., ch. Texas Law. 1, eff. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. September 1, 2009. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below.

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