SUBCHAPTER I. 1012), Sec. Sept. 1, 1999. 937, Sec. COURT-ORDERED JOINT CONSERVATORSHIP. Acts 2009, 81st Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Sec. 1113 (H.B. Acts 2015, 84th Leg., R.S., Ch. 820), Sec. 4, eff. (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. The Court ORDERS each conservator to obey this Standard Possession Order. 553), Sec. (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. Sec. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 482 (H.B. 786, Sec. 20, Sec. Sept. 1, 1997. 24, eff. Sec. 2, eff. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. Acts 2007, 80th Leg., R.S., Ch. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. 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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1237), Sec. 20, 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. (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. 2, eff. 1 (S.B. Acts 2009, 81st Leg., R.S., Ch. 1012), Sec. 6, eff. 3203), 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. (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. 153.3101. 1, eff. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . Sept. 1, 1999. Acts 2015, 84th Leg., R.S., Ch. 153.375. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 3, eff. April 20, 1995. Sec. 586, Sec. 3145), Sec. 484 (H.B. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (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. 1936), Sec. Added by Acts 1995, 74th Leg., ch. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 153.254. Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1999, 76th Leg., ch. 20, Sec. April 2, 2015. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. 1, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1012), Sec. 153.6031. Amended by Acts 1999, 76th Leg., ch. 2, eff. 2, eff. 2. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday 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 Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday. 8, eff. September 1, 2009. September 1, 2015. 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 . 751, Sec. ENFORCEMENT. April 20, 1995. Sept. 1, 1995. 1, eff. 1.047, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1166 (S.B. 153.314 Texas Family Code - FAM 153.314. (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. Sept. 1, 2003. (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. 1012), Sec. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator 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. April 20, 1995. Sec. 682 (H.B. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 495), Sec. (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. 751, Sec. April 2, 2015. 1113 (H.B. 1, eff. (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. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. 3.01, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1012), Sec. 1, eff. 1191 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1397, Sec. Sec. (13) any other evidence of the best interest of the child. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. 916 (H.B. 1. 7, eff. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 3, eff. 3, eff. QUALIFICATIONS OF PARENTING FACILITATOR. 260), Sec. 12, eff. 1289, Sec. 845), Sec. MEANS OF TRAVEL. Holiday Possession Unaffected by Distance Parents Reside Apart 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. 1041 (H.B. 802, Sec. Sec. September 1, 2007. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. September 1, 2021. (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 2007, 80th Leg., R.S., Ch. 10, eff. 25, eff. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. 9, eff. Acts 2011, 82nd Leg., R.S., Ch. 817), Sec. 2, eff. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. (B) does not give 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 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Acts 2005, 79th Leg., Ch. 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. (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. Amended by Acts 1995, 74th Leg., ch. (b) A nonparent possessory conservator has any other right or duty specified in the order. 1181 (H.B. 1216), Sec. 751, Sec. 1012), Sec. September 1, 2005. June 18, 2005. 236, Sec. 1036, Sec. An offense under this subsection is a Class C misdemeanor. Amended by Acts 1997, 75th Leg., ch. 495), Sec. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. Acts 2019, 86th Leg., R.S., Ch. Sec. (2) that the agreement is not in the child's best interest. Added by Acts 2001, 77th Leg., ch. 1113 (H.B. June 15, 2007. September 1, 2009. Sec. 751, Sec. 153.434. Amended by Acts 1995, 74th Leg., ch. September 1, 2007. 2, eff. 555), Sec. (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. 4, eff. (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. April 20, 1995. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1, eff. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. (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. September 1, 2007. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 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. 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. Sec. Added by Acts 2021, 87th Leg., R.S., Ch. Sec. 1.046, eff. 20, Sec. (2) "Family violence" has the meaning assigned by Section 71.004. Acts 2021, 87th Leg., R.S., Ch. SUIT FOR ACCESS. Sec. Acts 2009, 81st Leg., R.S., Ch. June 18, 2005. 1, eff. 1, eff. REPORT OF PARENTING COORDINATOR. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. (3) any other factor the court considers appropriate. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. Amended by Acts 1997, 75th Leg., ch. Designation of Conservators . 818), Sec. April 20, 1995. (B) any other method of voluntary dispute resolution. Sept. 1, 2003. September 1, 2007. 1228), Sec. 916 (H.B. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. 1864), Sec. Amended by Acts 1995, 74th Leg., ch. 1.048, eff. 751, Sec. 26, eff. Acts 2015, 84th Leg., R.S., Ch. 228), Sec. 1012), Sec. 4, eff. 20, Sec. 1, eff. 260), Sec. September 1, 2007. BEST INTEREST OF CHILD. 1113 (H.B. Sept. 1, 1999. 20, Sec. 1.049, eff. (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. 13, eff. (ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered; (4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled; (5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession; (6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned; (7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period; (8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and. 153.6071. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . June 14, 2019. 1, eff. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 1113 (H.B. 153.015. (5) any other agreement between the parties that is approved by a court. 20, 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. 260), 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. 153.072. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. APPOINTMENT OF PARENTING FACILITATOR. Added by Acts 1995, 74th Leg., ch. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (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 (C) (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 18, eff. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1999. 153.314. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. 20, Sec. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 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.