153.701. 1193, Sec. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. September 1, 2021. 153.006. Added by Acts 2009, 81st Leg., R.S., Ch. 821), Sec. 1036, Sec. Added by Acts 1995, 74th Leg., ch. Sec. A record of the interview shall be part of the record in the case. Added by Acts 2009, 81st Leg., R.S., Ch. (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). PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 612, Sec. 7, eff. 153.376. 153.135. from the primary residence of the child/ren. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 153.605. Sec. (13) any other evidence of the best interest of the child. 10, eff. 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. April 2, 2015. 13, eff. We have offices in Fort Bend County, Matagorda County, and Wharton . The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 153.010. June 17, 2011. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. Sec. 20, Sec. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 2, eff. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 8, eff. Docket No. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. Sec.
Standard Possession Order and Parenting Time | Texas Access Acts 2015, 84th Leg., R.S., Ch. 20, eff. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 153.257. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. September 1, 2009. 1012), Sec. 1181 (H.B. 586, Sec. 153.074. 153.551. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. 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 . 153.191. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 153.610. 3, eff. 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. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. 153.6071. 20, Sec. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 6, eff. September 1, 2009. 949, Sec. 1012), Sec. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. (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. Sec. 1113 (H.B. 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. (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. Added by Acts 1995, 74th Leg., ch. April 20, 1995. Acts 2009, 81st Leg., R.S., Ch. 219), Sec.
Texas Family Code - FAM 153.317 | FindLaw The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. 1012), Sec. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. Sept. 1, 2003. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. Acts 2005, 79th Leg., Ch. Amended by Acts 1997, 75th Leg., ch. June 18, 2005. 2, eff. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 14, eff. Sec. CONSERVATORSHIP, POSSESSION, AND ACCESS. 20, Sec. The Standard Possession Order is known as the "default" schedule. 260), 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.
2021 Standard Possession Order - Houston Divorce Lawyer 1449), Sec. 751, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 751, Sec. Sec. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 555), Sec. 2, eff. Added by Acts 1995, 74th Leg., ch. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. (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. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. (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. (2) is in the best interest of the child. (4) the right to direct the moral and religious training of the child. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 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. September 1, 2005. September 1, 2018. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR.
Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos 967 (S.B. 1 (S.B. September 1, 2007. 1, eff. 20, Sec. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 153.075. 277 (H.B. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. Sept. 1, 2003. 1 (S.B. 1012), Sec.
Custody & Visitation - Child Custody and Support - Guides at Texas 1, eff. 751, Sec. 28, eff. September 1, 2009. 1113 (H.B.
2023 Texas Standard Possession Order for Parents and Children 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. 555), Sec. (2) "Family violence" has the meaning assigned by Section 71.004. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 260), Sec. September 1, 2009. Sec. Acts 2017, 85th Leg., R.S., Ch. 20, Sec. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting facilitation. 1, eff. 642, Sec. Added by Acts 1995, 74th Leg., ch. (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. 153.705. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
New Visitation Law in Texas Added 50-Mile Category September 1 Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1113 (H.B. Added by Acts 1999, 76th Leg., ch. 1113 (H.B. 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. ABDUCTION RISK FACTORS. September 1, 2013. 2, eff. 1113 (H.B. (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). 1041 (H.B. (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. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. family violence concerns. 219), Sec. April 2, 2015. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 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. Added by Acts 2001, 77th Leg., ch. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. Sec. June 18, 2005. (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. 555), Sec. (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). (B) does not give 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 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. 1181 (H.B. (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. 153.072. (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. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. (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. Sec. 4, eff. Acts 2011, 82nd Leg., R.S., Ch. 1036, Sec. ACCESS TO CHILD'S RECORDS. 751, Sec. 34, eff. Sec. (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. 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. 153.704. Sec. 896 (H.B. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. Acts 2017, 85th Leg., R.S., Ch. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. Sec. Amended by Acts 1997, 75th Leg., ch. Sec. 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. 153.377. Sec. 11, eff. 153.0071. September 1, 2013. September 1, 2005. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. 153.132. Amended by Acts 1995, 74th Leg., ch. 153.254. (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. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2001. September 1, 2009. 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.