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. September 1, 2017. 15, eff. 270), Sec. Sec. June 15, 2007. 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. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. Acts 2007, 80th Leg., R.S., 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. 1041 (H.B. 1, eff. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Acts 2017, 85th Leg., R.S., Ch. Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning 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; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. (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. (2) that the agreement is not in the child's best interest. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. TCLL - FM-Chil-306 Standard Possession Order (Rev. 4, eff. Acts 2007, 80th Leg., R.S., Ch. (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. 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. 153.001. Texas Family Code - FAM 153.317. Acts 2015, 84th Leg., R.S., Ch. 896 (H.B. 786, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 555), Sec. (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. 252), Sec. 153.432. Sec. 1, eff. September 1, 2013. Acts 2005, 79th Leg., Ch. Sec. Acts 2021, 87th Leg., R.S., Ch. September 1, 2013. 260), Sec. 260), Sec. 1 (S.B. 3, eff. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. (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. 1228), Sec. 153.009. Sec. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. 22, eff. 1, eff. 3145), Sec. After an objection is filed, a parenting coordinator 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. Acts 2011, 82nd 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. 1, eff. 1.045, eff. 1012), Sec. (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. 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. Sept. 1, 1995. 751, Sec. A record of the interview shall be part of the record in the case. Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. This is a presumption that may be rebutted if not in the child's best interest. 153.603. 949, Sec. 20, Sec. Sec. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. Sec. 11(2), eff. 1150 (S.B. 1036, Sec. 9, eff. 252), Sec. Sept. 1, 2001. 1, eff. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (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. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. Sec. 1, eff. 1167 (S.B. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. Sec. Sept. 1, 1995. (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. Sec. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. Sec. 1036, Sec. Amended by Acts 1999, 76th Leg., ch. 153.6031. Sec. 153.6101. Section 153.009 of the Texas Family Code. (b) 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 or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. June 15, 2007. 1113 (H.B. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. APPOINTMENT OF PARENTING FACILITATOR. 482 (H.B. (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). 916 (H.B. 1041 (H.B. 2, eff. 421 (S.B. Sec. 153.317. September 1, 2015. 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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 16, eff. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 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. 4, eff. September 1, 2011. Sec. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. 153.316. 1, eff. 2, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (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. (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. 9, eff. Sept. 1, 1997. 05-9107, June 13, 2005). 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. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. 153.6102. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. Amended by Acts 1999, 76th Leg., ch. 25, eff. Sec. 1191 (H.B. Sec. 1012), Sec. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 1864), Sec. 153.006. 2, eff. APPOINTMENT OF PARENTING COORDINATOR. Sec. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. ABDUCTION RISK FACTORS. FACTORS FOR COURT TO CONSIDER. Sec. Sec. September 1, 2009. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 1, eff. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. Designation of Conservators 277 (H.B. (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. Amended by Acts 1995, 74th Leg., ch. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. (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. Acts 2009, 81st Leg., R.S., Ch. 1289, Sec. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. Sec. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. September 1, 2009. 1181 (H.B. April 2, 2015. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1999. Added by Acts 1995, 74th Leg., ch. 1, eff. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday 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 Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday. DEFINITIONS. Sec. (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). APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 1012), Sec. 1113 (H.B. 1228), Sec. 153.501. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 20, Sec. 153.376. June 20, 2003. 261), Sec. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. 751, Sec. 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 . TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 20, Sec. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. (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. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. Summer, holidays, and special days. 577, Sec. 1, eff. POLICY AND GENERAL APPLICATION OF GUIDELINES. Sec. September 1, 2011. (b) The court shall specify in the order the rights that a parent retains at all times. (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. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. (2) "Family violence" has the meaning assigned by Section 71.004. 153.6051. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. 31, eff. 1036, Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. 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). (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. April 20, 1995. September 1, 2009. (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. 153.315. (3) a final order described by Section 155.001(b). 3, eff. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 7, eff. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. (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. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 153.012. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order. 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. September 1, 2009. 153.138. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. 1181 (H.B. 3, eff. April 20, 1995. (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. Acts 2009, 81st Leg., R.S., Ch. (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. 1113 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 949, Sec. PARENTS WHO RESIDE OVER 100 MILES APART. 751, Sec. Sec. 1166 (S.B. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. 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. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 2. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Sec. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 277 (H.B. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 916 (H.B. 1113 (H.B. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. Added by Acts 2011, 82nd Leg., R.S., Ch. 645, Sec. Added by Acts 1995, 74th Leg., ch. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. Added by Acts 2009, 81st Leg., R.S., Ch. 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. 20, Sec. September 1, 2021. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (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. 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. April 2, 2015. 1. 972 (S.B. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. Added by Acts 1995, 74th Leg., ch. 153.253. 1012), Sec. Sec. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or.