1012), Sec. 112 (H.B. 219), Sec. 2, eff. Sec. 1, eff. Designation of Conservators 1, eff. 153.6031. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. April 20, 1995. Added by Acts 1995, 74th 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. 153.377. 1012), Sec. 178, Sec. Sec. April 20, 1995. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. (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. 153.254. 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. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Sec. 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. (2) if the parents are or will be separated, shall appoint at least one managing conservator. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 20, Sec. PUBLIC POLICY. 1.043, eff. (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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. June 18, 2005. (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. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. 555), Sec. 555), Sec. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 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. 1113 (H.B. 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. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. (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. (3) a final order described by Section 155.001(b). (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. 821), 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. Acts 2013, 83rd Leg., R.S., Ch. 14, eff. 1012), Sec. 153.138. Designation of Conservators . Sec. (B) any other method of voluntary dispute resolution. 7, eff. 555), Sec. (3) a final protective order was rendered against a party. (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. Acts 2007, 80th Leg., R.S., Ch. Sec. 421 (S.B. September 1, 2007. 2, eff. 11, eff. April 20, 1995. April 20, 1995. 23, eff. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. September 1, 2009. 1, eff. (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. Acts 2017, 85th Leg., R.S., Ch. 16, eff. 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. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 1 (S.B. Amended by Acts 1995, 74th Leg., ch. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. (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. 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. Sec. 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. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. 20, Sec. REBUTTABLE PRESUMPTION. 153.6102. Amended by Acts 1999, 76th Leg., ch. 1113 (H.B. 261), Sec. 1, eff. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1995. (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. Acts 2005, 79th Leg., Ch. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 35, eff. 22, eff. April 20, 1995. (a) 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 possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. September 1, 2013. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. September 1, 2021. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. 153.431. 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). Sec. 153.001. September 1, 2009. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. (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. 153.256. 751, Sec. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 482 (H.B. 153.3115. 1041 (H.B. Sec. Amended by Acts 2003, 78th Leg., ch. (2) that the agreement is not in the child's best interest. Sept. 1, 1997. 2, eff. 153.193. Sec. 1936), Sec. 4, eff. 12(1), eff. Sept. 1, 2003. Sec. Acts 2009, 81st Leg., R.S., Ch. 153.013. 3, eff. 1, eff. Sec. 967 (S.B. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 7, eff. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. 1181 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. 751, Sec. Sec. 260), Sec. 1, eff. Sec. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 1012), Sec. 1181 (H.B. September 1, 2015. April 20, 1995. 153.074. 1, eff. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. 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. 1012), Sec. (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. (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. Sept. 1, 2003. 421 (S.B. 153.371. (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. September 1, 2007. Sec. This subsection does not apply to suits filed under Chapter 262. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 10, eff. Added by Acts 1999, 76th Leg., ch. 555), Sec. April 20, 1995. (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. Acts 2015, 84th Leg., R.S., Ch. 5, eff. 1.047, eff. 495), Sec. (C) for any other reason the court considers relevant. (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.