682 (H.B. Sec. Acts 2009, 81st Leg., R.S., Ch. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 7, eff. 787, Sec. 153.075. Sec. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. 1216), Sec. 153.434. Sec. Sept. 1, 1995. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (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. 550), Sec. September 1, 2007. 10, eff. Added by Acts 1995, 74th Leg., ch. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. Sec. 845), Sec. Acts 2005, 79th Leg., Ch. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. Sept. 1, 1999. 149), Sec. (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 coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. (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. 153.376. 1036, Sec. Sept. 1, 2003. September 1, 2009. 1, eff. September 1, 2017. 936, Sec. 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. Sec. September 1, 2021. 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. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Sec. 20, Sec. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. ABDUCTION RISK FACTORS. Added by Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 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. September 1, 2011. (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. 1181 (H.B. September 1, 2009. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. (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. Sec. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. 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. 1113 (H.B. 153.134. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. April 20, 1995. 1036, Sec. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. (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. September 1, 2005. (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. April 2, 2015. Texas Family Law: Standard Possession Order vs Extended Standard 1, eff. 1181 (H.B. 555), Sec. 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. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 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. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. 99 (S.B. 20, Sec. Added by Acts 1995, 74th Leg., ch. 252), Sec. Sept. 1, 2003. 2, 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. Sept. 1, 1999. ALTERNATE DISPUTE RESOLUTION PROCEDURES. Acts 2019, 86th Leg., R.S., Ch. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Sept. 1, 1997. Parenting Time Schedule | Office of the Attorney General ABDUCTION PREVENTION MEASURES. 1. 1404), Sec. 577, Sec. 153.253. 682 (H.B. Amended by Acts 1997, 75th Leg., ch. BEST INTEREST OF CHILD. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. APPOINTMENT OF PARENTING COORDINATOR. 1. 10, eff. Sec. 260), Sec. CHILD LESS THAN THREE YEARS OF AGE. 153.005. 20, Sec. PDF Modified Possession and Access Order - Texas Law Help Sec. 252), Sec. Sec. (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. Aug. 30, 1999; Acts 1999, 76th Leg., ch. Sept. 1, 2003. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 16, eff. Acts 2005, 79th Leg., Ch. Sec. Sec. Added by Acts 2005, 79th Leg., Ch. September 1, 2021. 2, eff. 153.705. (ii) is not appointed under another statute or a rule of civil procedure. DUTIES OF PARENTING FACILITATOR. Sept. 1, 2003. Sept. 1, 2003. 153.6101. Added by Acts 2003, 78th Leg., ch. (4) the right to direct the moral and religious training of the child. (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. 7, eff. (6) has a criminal history or a history of violating court orders. 2, eff. 820), Sec. Standard & Expanded Possession Order Calendar in Texas (2023) 896 (H.B. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Amended by Acts 1995, 74th Leg., ch. 153.254. 612, Sec. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 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. 153.501. (b) A nonparent possessory conservator has any other right or duty specified in the order. 20, Sec. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. April 20, 1995. 20, Sec. Sept. 1, 2003. Child Visitation and Possession Orders | Texas Law Help FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas (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). SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. (c) It is preferable for all children in a family to be together during periods of possession. (c) Public funds may not be used to pay the fees of a parenting coordinator. 2, eff. 1, eff. 7, eff. 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. 153.132. (2) be licensed in good standing as an attorney in this state. FALSE REPORT OF CHILD ABUSE. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 219), Sec. 112 (H.B. Amended by Acts 1995, 74th Leg., ch. April 20, 1995. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. QUALIFICATIONS OF PARENTING COORDINATOR. 153.6083. 2, eff. 751, Sec. (2) through an oral statement made in open court on the record. 1181 (H.B. 3, eff. Sept. 1, 1995. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. Sec. 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. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 153.374. 1, eff. Sec. Acts 2007, 80th Leg., R.S., Ch. EQUAL POSSESSION NOT REQUIRED. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. 153.375. 20, Sec. September 1, 2007. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 1 (S.B. April 20, 1995. 2, eff. (3) a final order described by Section 155.001(b). No. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Acts 2015, 84th Leg., R.S., Ch. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. (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. 586, Sec. 727 (S.B. April 20, 1995. TEMPORARY ORDERS. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. September 1, 2007. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2005. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). 20, Sec. 561, Sec. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission.

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