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. (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. 37, eff. 153.311. Docket No. FACTORS FOR COURT TO CONSIDER. 25, eff. 153.193. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. September 1, 2015. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 1012), Sec. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. APPOINTMENT OF PARENTING FACILITATOR. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. BEST INTEREST OF CHILD. Sec. SECURITY BOND. 29, eff. 1, eff. 1, eff. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. 1036, Sec. Sept. 1, 1995. Acts 2011, 82nd Leg., R.S., Ch. 1.049, eff. 4, eff. 153.6061. September 1, 2009. 936, Sec. Added by Acts 1995, 74th Leg., ch. (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. 751, Sec. DEFINITIONS. 153.6071. 153.003. (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. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or. 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. Sec. Sec. 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. 1156 (H.B. Acts 2019, 86th Leg., R.S., Ch. 482 (H.B. 1036, Sec. 555), Sec. 1012), Sec. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 972 (S.B. Texas Family Code - FAM 153.317. Sec. (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). Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1012), Sec. 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. 1113 (H.B. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. September 1, 2015. (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). Sept. 1, 1995; Acts 1997, 75th Leg., ch. CHILD LESS THAN THREE YEARS OF AGE. 20, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 2003. 1181 (H.B. 277 (H.B. (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. June 17, 2011. Acts 2009, 81st Leg., R.S., Ch. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 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. 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. 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. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. September 1, 2007. Added by Acts 1995, 74th Leg., ch. 153.014. Sec. 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. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. 11(2), eff. 153.3101. 153.501. 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. 20, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 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. 27, eff. 153.434. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. Added by Acts 1995, 74th Leg., ch. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 1181 (H.B. 1, eff. 26, eff. Designation of Conservators . (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 1404), Sec. Acts 2005, 79th Leg., Ch. June 11, 2001. 896 (H.B. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. (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. September 1, 2018. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 1, eff. (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. 3, eff. Sec. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 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. 1012), Sec. Amended by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. A recommendation authorized by this subsection does not affect the terms of an existing court order. September 1, 2017. Acts 2015, 84th Leg., R.S., Ch. DUTIES OF PARENTING COORDINATOR. 555), Sec. 1, eff. 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. 1036, Sec. 555), Sec. (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. EXPEDITED HEARING. 1113 (H.B. Sec. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. Sec. 153.076. (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. 2, eff. 13, eff. Sec. September 1, 2009. September 1, 2005. September 1, 2005. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. September 1, 2009. 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. Sec. 153.6082. Acts 2005, 79th Leg., Ch. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). No. Sec. Texas Family Code Sec. Sec. 1864), Sec. April 20, 1995. SUIT FOR ACCESS. 153.075. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 153.314 . September 1, 2009. (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. Added by Acts 1995, 74th Leg., ch. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. Added by Acts 1995, 74th Leg., ch. 25, eff. 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. 1113 (H.B. 11, eff. 20, Sec. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 153.257. Acts 2011, 82nd Leg., R.S., Ch. Sec. 11(2), eff. 153.3721. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 8, eff. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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). Sec. 153.707. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 153.709. 153.704. 252), Sec. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. September 1, 2011. 153.254. 12, eff. 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.

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