(2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. 7, eff. 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. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 26, eff. 153.001. 18, eff. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. (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. 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. 1404), Sec. (2) that the agreement is not in the child's best interest. 1012), Sec. Acts 2005, 79th Leg., Ch. 236, Sec. 20, Sec. Acts 2015, 84th Leg., R.S., Ch. 802, Sec. Added by Acts 1995, 74th Leg., ch. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 153.501. Sec. Sec. 916 (H.B. 11(2), eff. The election may be made: (1) in a written document filed with the court; or. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Added by Acts 1995, 74th Leg., ch. 967 (S.B. 153.701. Sec. POSSESSION OF OR ACCESS TO GRANDCHILD. (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. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. No. 153.003. 682 (H.B. BEST INTEREST OF CHILD. 1228), Sec. 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. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. Sec. Amended by Acts 2003, 78th Leg., ch. 34, 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. 6, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. Sept. 1, 1999; Acts 2003, 78th 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. 50 miles or less. Amended by Acts 1995, 74th Leg., ch. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) 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; or. Sept. 1, 2003. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. Sec. Added by Acts 2005, 79th Leg., Ch. Amended by Acts 1997, 75th Leg., ch. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. Designation of Conservators . (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 1012), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. EXPEDITED HEARING. Added by Acts 1995, 74th Leg., ch. (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. June 18, 2005. Sec. from the primary residence of the child/ren. (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. 1, eff. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. Sec. April 20, 1995. September 1, 2009. 12, eff. September 1, 2007. 555), Sec. 1036, Sec. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 1012), Sec. (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. (c) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. 1181 (H.B. Amended by Acts 1999, 76th Leg., ch. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. 05-9107, June 13, 2005). September 1, 2007. 2, eff. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 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. 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. (b) The court may not appoint a parenting coordinator 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 coordinator and the appointment is in the best interest of any minor child in the suit; and. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. ORDER FOR FAMILY COUNSELING. Section 153.009 of the Texas Family Code. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. 1, eff. 20, eff. 12(1), eff. 1113 (H.B. September 1, 2009. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. 1113 (H.B. Sec. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. (4) the right to direct the moral and religious training of the child. TITLE 5. 153.602. 1237), Sec. A recommendation authorized by this subsection does not affect the terms of an existing court order. 23, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 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. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. Acts 2017, 85th Leg., R.S., Ch. April 20, 1995. 260), Sec. (2) through an oral statement made in open court on the record. 1, eff. 10, eff. 1.048, eff. Acts 2013, 83rd Leg., R.S., Ch. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 1191 (H.B. 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. 3203), Sec. 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. Added by Acts 1995, 74th Leg., ch. 153.005. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 751, Sec. Added by Acts 1995, 74th Leg., ch. Sec. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order. 2, eff. 967 (S.B. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. 20, Sec. 1012), Sec. 555), Sec. April 20, 1995. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. September 1, 2007. 153.375. (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. (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. (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. 4, eff. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . ABDUCTION PREVENTION MEASURES. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. September 1, 2017. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 358 (H.B. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. Acts 2009, 81st Leg., R.S., Ch. April 2, 2015. Sec. 482 (H.B. (3) a final order described by Section 155.001(b). 153.002. 1036, Sec. (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. 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. 1012), Sec. September 1, 2005. Amended by Acts 1997, 75th Leg., ch. Sec. September 1, 2021. 1181 (H.B. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. September 1, 2021. 1036, Sec. 642, Sec. 1, eff. September 1, 2005. 1113 (H.B. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. 751, Sec. 781, Sec. 1181 (H.B. 3, eff. 1.047, eff. September 1, 2009. Added by Acts 1995, 74th Leg., ch. 153.007. (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. (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. 967 (S.B. 2, eff. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 20, Sec. (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. 5, eff. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. Acts 2011, 82nd Leg., R.S., Ch. 153.3115. (13) any other evidence of the best interest of the child. 153.006. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Acts 2005, 79th Leg., Ch. Sept. 1, 1997. 1036, Sec. (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. 1, eff. 153.432. 612, Sec. 20, Sec. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 751, Sec. Added by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. June 17, 2011. Added by Acts 1995, 74th Leg., ch. April 2, 2015. 751, Sec. April 2, 2015. 482 (H.B. (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. 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. Added by Acts 2003, 78th Leg., ch. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or 153.6101. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 972 (S.B. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. Sec. 252), Sec. ENFORCEMENT. September 1, 2017. Sec. 421 (S.B. Sec. 7, eff. 16, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. 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. 786, Sec. 9, eff. Sept. 1, 1995. (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. Designation of Conservators 1, eff. (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.