11, eff. Acts 2005, 79th Leg., Ch. 1181 (H.B. 1, eff. Sec. Sec. (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. Amended by Acts 1999, 76th Leg., ch. 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. 153.371. Added by Acts 1995, 74th Leg., ch. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. (3) a final protective order was rendered against a party. Added by Acts 2005, 79th Leg., Ch. Sec. 1, eff. September 1, 2005. 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. 1181 (H.B. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. PARENTS WHO RESIDE OVER 100 MILES APART. Sept. 1, 1999. 1, eff. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 153.131. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 3203), Sec. 153.707. 18, eff. (5) any other agreement between the parties that is approved by a court. 3, eff. Sec. 1150 (S.B. September 1, 2009. 1113 (H.B. (b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. 553), Sec. PUBLIC POLICY. 153.007. 252), Sec. 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. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 153.607. (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. Sec. 26, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. September 1, 2009. 2, eff. September 1, 2013. Added by Acts 1995, 74th Leg., ch. 5, eff. 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 . (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 1, eff. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. 8, eff. 23, eff. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. ENFORCEMENT. This subsection does not apply to suits filed under Chapter 262. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th 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. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. 1041 (H.B. Acts 2009, 81st Leg., R.S., Ch. (d) The parenting facilitator may not modify any order, judgment, or decree. 24, eff. 36, eff. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 916 (H.B. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. Sec. 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 facilitation. The Court ORDERS that this Modified 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 Modified Possession Order is attached. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2011. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. 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). 733 (H.B. 20, Sec. 260), Sec. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997. September 1, 2011. 555), Sec. September 1, 2015. 7, eff. 10, eff. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. 896 (H.B. 149), Sec. 153.6083. 1181 (H.B. 1 (S.B. 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, 1997; Acts 1999, 76th Leg., ch. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. 1.043, eff. Acts 2007, 80th Leg., R.S., Ch. 153.611. 1036, Sec. INTERVIEW OF CHILD IN CHAMBERS. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. Sec. (c) It is preferable for all children in a family to be together during periods of possession. Sec. 949, Sec. 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, 2003. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. Sec. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. Added by Acts 1995, 74th Leg., 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. 20, Sec. Added by Acts 1995, 74th Leg., ch. Sec. (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. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (2) be licensed in good standing as an attorney in this state. 1, eff. 6, eff. 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. 1113 (H.B. (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. (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. Added by Acts 2007, 80th Leg., R.S., Ch. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. September 1, 2009. (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. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. (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. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. (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. 2, eff. April 20, 1995. Acts 2009, 81st Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. 916 (H.B. 1036, Sec. September 1, 2007. QUALIFICATIONS OF PARENTING COORDINATOR. 20, Sec. 482 (H.B. A record of the interview shall be part of the record in the case. 260), Sec. 153.551. September 1, 2007. 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) 358 (H.B. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (b) Repealed by Acts 2017, 85th Leg., R.S., 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. 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) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or.
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