(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. (b) The report may not be admitted in evidence in a subsequent suit. Sept. 1, 2003. ENFORCEMENT. September 1, 2009. 2, eff. (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). 219), Sec. 495), Sec. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. 20, Sec. 1012), Sec. Acts 2009, 81st Leg., R.S., Ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 1181 (H.B. Sec. 1, eff. 1012), Sec. Sept. 1, 1997. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 555), Sec. Added by Acts 1995, 74th Leg., ch. 153.709. Sec. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. (d) The standard possession order is designed to apply to a child three years of age or older. Acts 2021, 87th Leg., R.S., Ch. 1012), Sec. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (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). 1113 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1 (S.B. 3, eff. Added by Acts 1995, 74th Leg., ch. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 9, eff. Acts 2011, 82nd Leg., R.S., Ch. June 18, 2005. 153.015. 1, eff. Sec. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. Sec. 2, eff. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. INTERVIEW OF CHILD IN CHAMBERS. 20, Sec. 153.607. Sec. 31, eff. Summer, holidays, and special days. Sec. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. 153.702. 2, eff. 1012), Sec. 1, eff. 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. September 1, 2011. DEFINITIONS. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. Amended by Acts 1995, 74th Leg., ch. 178, 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. MEANS OF TRAVEL. 3.01, eff. 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. Acts 2007, 80th Leg., R.S., Ch. 1036, Sec. COMPENSATION OF PARENTING COORDINATOR. 1, eff. (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. 153.601. (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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. 1113 (H.B. Sec. 153.606. September 1, 2009. 1 (S.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. 153.603. 50 miles or less. Sept. 1, 1997. SUIT FOR ACCESS. 33, eff. 1036, Sec. (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. CHILD LESS THAN THREE YEARS OF AGE. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. 153.258. Amended by Acts 1995, 74th Leg., ch. 1, eff. 1, eff. Sept. 1, 1997. Sec. 555), Sec. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. (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. Sec. (3) a final protective order was rendered against a party. 7, eff. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. 1113 (H.B. 1036, Sec. AGREED PARENTING PLAN. 12(1), eff. Amended by Acts 1995, 74th Leg., ch. 751, Sec. (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. 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. Sec. (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. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. 8, eff. (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. The report must be limited to a statement of whether the parenting coordination should continue. 153.377. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1, eff. Texas Law. Added by Acts 1995, 74th Leg., ch. 29, eff. 4, eff. 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 coordination. September 1, 2007. 153.3115. (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. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 6, eff. 153.193. Section 153.009 of the Texas Family Code. 153.6083. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. 1181 (H.B. 482 (H.B. 1, eff. Sec. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. Sept. 1, 1997; Acts 2003, 78th Leg., ch. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 19, eff. Sec. Amended by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. April 20, 1995. 153.075. 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. 1, eff. 751, Sec. 153.012. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. 112 (H.B. September 1, 2009. Sec. Sec. Sec. 153.131. Added by Acts 2021, 87th Leg., R.S., Ch. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 153.6031. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. Added by Acts 1995, 74th Leg., ch. Sec. 1397, Sec. RIGHTS OF PARENT AT ALL TIMES. 1 (S.B. 270), Sec. Acts 2019, 86th Leg., R.S., Ch. Sec. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. April 20, 1995. (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. June 18, 2005. 252), Sec. 1, eff. 112 (H.B. 09-2021) Page 1 of 10 Standard Possession Order . 845), Sec. TITLE 5. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. 9, eff. 260), Sec. 219), Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. Sec. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 252), Sec. April 20, 1995. 1936), Sec. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Amended by Acts 1999, 76th Leg., ch. Sec. Aug. 30, 1999; Acts 1999, 76th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 11(2), eff. 99 (S.B. Sec. (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. (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. APPOINTMENT OF PARENTING COORDINATOR. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. 421 (S.B. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. Sec. Sec. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; 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. June 18, 2005. 1191 (H.B. (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. April 20, 1995. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. They will not automatically be granted their preferred custody arrangement as the court still must rule . September 1, 2009. The Court ORDERS each conservator to obey this Standard Possession Order. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. Acts 2013, 83rd Leg., R.S., Ch. Sec. 555), Sec. 20, Sec. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. family violence concerns. Sec. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. (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.
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