(d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 153.131. September 1, 2009. 8, eff. 972 (S.B. Sec. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 153.072. 153.075. (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. 1181 (H.B. 12(1), eff. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1012), Sec. The agreement must state whether the arbitration is binding or non-binding. 1181, Sec. (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. Sept. 1, 2003. April 20, 1995. 153.602. 1012), Sec. (c) It is preferable for all children in a family to be together during periods of possession. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 4, eff. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 1449), 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. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 9, eff. 7, eff. The Court ORDERS that this Modified 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 Modified Possession Order is attached. Acts 2009, 81st Leg., R.S., Ch. 1012), Sec. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. 495), Sec. 1.048, eff. 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. 30, eff. 153.258. Acts 2009, 81st Leg., R.S., Ch. 751, Sec. 10, eff. Summer, holidays, and special days. 1237), Sec. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 153.371. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. Sec. Sept. 1, 1995. (b) A grandparent may request possession of or access to a grandchild 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. September 1, 2009. (d) The standard possession order is designed to apply to a child three years of age or older. 153.013. Sec. 153.004. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 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. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 6, eff. 1404), Sec. 1.046, eff. 9, eff. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. 1156 (H.B. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. (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. 8, eff. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. September 1, 2007. 09-2021) Page 1 of 10 Standard Possession Order . (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. Amended by Acts 1997, 75th Leg., ch. 1012), Sec. 20, Sec. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 153.133. Amended by Acts 1997, 75th Leg., ch. 2, eff. 153.00715. (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). (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. 1, eff. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 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. ACCESS TO CHILD'S RECORDS. 20, Sec. 252), Sec. Acts 2015, 84th Leg., R.S., Ch. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 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, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. (3) a final protective order was rendered against a party. 219), Sec. 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. 4, eff. 153.6071. 153.315. 1. 751, Sec. APPOINTMENT OF POSSESSORY CONSERVATOR. 1036, Sec. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. 482 (H.B. 1150 (S.B. 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, 2005. 1041 (H.B. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 7, eff. Acts 2021, 87th Leg., R.S., Ch. 1113 (H.B. 1, eff. Sec. 421 (S.B. 260), Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. 1, eff. Sec. Acts 2005, 79th Leg., Ch. 484 (H.B. (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. 774, Sec. Acts 2005, 79th Leg., Ch. Alternative Beginning and Ending Possession Times 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. SECURITY BOND. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 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. 802, Sec. 3203), Sec. (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. (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. 937, Sec. 1, eff. 1864), Sec. September 1, 2009. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. September 1, 2009. 1, 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. 896 (H.B. 1, eff. 2, eff. Sec. Texas Family Code Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1390, Sec. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. 1113 (H.B. Docket No. 21, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. EQUAL POSSESSION NOT REQUIRED. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. Sec. September 1, 2009. 3, eff. Amended by Acts 1999, 76th Leg., ch. PARENTS WHO RESIDE OVER 100 MILES APART. 1216), Sec. 153.015. 3, eff. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 7, eff. 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. (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. 2, eff. (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. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 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 even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) 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 entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and. Sept. 1, 2003. An offense under this subsection is a Class C misdemeanor. 153.3721. September 1, 2005. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 1, eff. 967 (S.B. 153.317. 153.011. 2, eff. AGREEMENT. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. ABDUCTION RISK FACTORS. Acts 2011, 82nd Leg., R.S., Ch. Sec. April 2, 2015. 482 (H.B. Acts 2015, 84th Leg., R.S., Ch. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. 153.191. June 14, 2019. 1, eff. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 11(2), eff. 555), Sec. 11, eff. 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. (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. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 153.003. 1113 (H.B. (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. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. 1 (S.B. 682 (H.B. 1012), Sec. 1113 (H.B. April 20, 1995. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Added by Acts 1999, 76th Leg., 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. 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. 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. 260), Sec. 781, Sec. 1, eff. 11(2), eff. (2) through an oral statement made in open court on the record. (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. DUTIES OF PARENTING COORDINATOR. Sec. Sept. 1, 1997. 153.434. (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. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. 907 (H.B. 733 (H.B. 153.6051. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. TEMPORARY ORDERS. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. They will not automatically be granted their preferred custody arrangement as the court still must rule . Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sec. 1936), Sec. 153.709. COURT-ORDERED JOINT CONSERVATORSHIP. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. 9, Sec. 1181 (H.B. 1181 (H.B. 916 (H.B. 1012), Sec. Acts 2007, 80th Leg., R.S., Ch. 1.049, eff. 1, eff. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 153.611. 1 (S.B. 1181 (H.B. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. April 20, 1995. 153.551. 751, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2009. 1193, Sec. Sec. Sept. 1, 2003. (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. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (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. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 9, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. (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. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. 149), Sec. 967 (S.B. 17, eff. 26, eff. 1936), Sec. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Sec. 1012), Sec. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. 1012), Sec. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. 20, 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. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. June 17, 2011. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. Added by Acts 2001, 77th Leg., ch. (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. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 1036, Sec. Sec. 1012), Sec. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 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. 1, eff. 153.134. Sec. (3) "Parenting coordinator" 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 153.606 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 confidential procedures; and.