June 18, 2005. (d) The parenting facilitator may not modify any order, judgment, or decree. 153.257. September 1, 2017. 7, eff. Sec. 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. TCLL - FM-Chil-306 Standard Possession Order (Rev. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. 9, eff. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year 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; (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 42 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. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. Added by Acts 2009, 81st Leg., R.S., Ch. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. Sec. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. 482 (H.B. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 153.132. Sec. 20, Sec. 153.255. (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. April 2, 2015. 6, eff. 20, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 421 (S.B. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. April 20, 1995. Acts 2015, 84th Leg., R.S., Ch. 20, Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. (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. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. June 18, 2005. 20, Sec. Acts 2015, 84th Leg., R.S., Ch. September 1, 2021. 153.010. 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. 802, Sec. 1113 (H.B. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. 99 (S.B. 1, eff. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 1113 (H.B. (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. Sec. 787, Sec. Sec. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. Sec. September 1, 2021. Sec. 1, eff. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 11, eff. Sept. 1, 1997. (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. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. September 1, 2009. 1.045, eff. 1167 (S.B. 1404), Sec. (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. 11, eff. 330, Sec. 786, Sec. 153.012. Acts 2015, 84th Leg., R.S., Ch. 1237), 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 . Added by Acts 1995, 74th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. 586, 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. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). (13) any other evidence of the best interest of the child. Acts 2021, 87th Leg., R.S., 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. Acts 2007, 80th Leg., R.S., Ch. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 1113 (H.B. Sept. 1, 1997. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. Sec. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. 555), Sec. 5, eff. 1036, Sec. 3, eff. 05-9107, June 13, 2005). Sept. 1, 1997. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. Sec. ABDUCTION RISK FACTORS. 1113 (H.B. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search Added by Acts 2001, 77th Leg., ch. Texas Law. 153.076. 972 (S.B. 11, eff. 153.608. 2, eff. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. 153.431. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). ALTERNATE DISPUTE RESOLUTION PROCEDURES. 751, Sec. 482 (H.B. 153.313. 20, Sec. (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. Sept. 1, 2003. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. 1012), Sec. 1.049, eff. Acts 2019, 86th Leg., R.S., Ch. (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. Added by Acts 1995, 74th Leg., ch. (d) The standard possession order is designed to apply to a child three years of age or older. RIGHTS OF PARENT AT ALL TIMES. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. The Standard Possession Order 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). 153.317. April 20, 1995. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. Amended by Acts 1997, 75th Leg., ch. September 1, 2015. 153.011. Sec. 153.006. 1036, Sec. 99 (S.B. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. 260), Sec. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. 1012), Sec. Added by Acts 1995, 74th Leg., ch. 261), Sec. Sec. 12(1), eff. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (b) The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator and the appointment is in the best interest of any minor child in the suit; and. April 20, 1995. Sec. 20, Sec. Added by Acts 1999, 76th Leg., ch. 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. 967 (S.B. September 1, 2009. 10, eff. 1, eff. 751, Sec. 20, Sec. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. Sec. Added by Acts 1995, 74th Leg., ch. 845), Sec. Added by Acts 1995, 74th Leg., ch. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday 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 Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. (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. (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. 1088 (S.B. Amended by Acts 1995, 74th Leg., ch. (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. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. 3203), Sec. 21, eff. 555), Sec. 2, eff. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. (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. 1181 (H.B. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does 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. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. 1936), Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. Texas Family Code Sec. (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. 1012), 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), and (8). 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. The Court ORDERS that this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 1181 (H.B. Acts 2015, 84th Leg., R.S., Ch. Sec. 23, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2019. Sept. 1, 2003. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. September 1, 2007. (2) the authority to exercise management and control of the suit. AGREEMENT. Sec. 20, Sec. 1113 (H.B. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. Sept. 1, 1995. (C) for any other reason the court considers relevant. 1 (S.B. 153.134. Aug. 30, 1999; Acts 1999, 76th 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. 153.193. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Sept. 1, 1995. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. 153.704. September 1, 2009. 949, Sec. April 2, 2015. Sec. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. 1, eff. 20, Sec. 153.6061. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (c) Public funds may not be used to pay the fees of a parenting coordinator. (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. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Sec. 153.607. 8, eff. 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. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. 1252 (H.B. 20, eff. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. 787, Sec. 1, eff. DUTIES OF PARENTING COORDINATOR. 1113 (H.B. September 1, 2009. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. September 1, 2007. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. 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. 1449), Sec. (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. 20, Sec. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. (a) If the conservator without 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 award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. Sec. 1, eff. Sec. September 1, 2005. 1, eff. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. PUBLIC POLICY. September 1, 2007. 1113 (H.B. 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. 421 (S.B. September 1, 2009. 1936), Sec. (3) a final protective order was rendered against a party. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 1036, Sec. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. 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. Amended by Acts 1997, 75th Leg., ch. The election may be made: (1) in a written document filed with the court; or. Amended by Acts 1997, 75th Leg., ch. COMPENSATION OF PARENTING FACILITATOR. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 153.433. (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. Sec. (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. (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. Added by Acts 2009, 81st Leg., R.S., Ch. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code.

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