Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 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. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 1012), Sec. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. Sec. Added by Acts 1995, 74th Leg., ch. 36, eff. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 153.376. 2, eff. 2, eff. 153.375. 153.191. Sec. Amended by Acts 1997, 75th Leg., ch. 20, Sec. 1113 (H.B. (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, eff. April 20, 1995. 219), Sec. What Exactly is a Standard Possession Order - McNamara Law Office Sept. 1, 1997. 153.001. Acts 2007, 80th Leg., R.S., Ch. 1.043, eff. Amended by Acts 1997, 75th Leg., ch. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. September 1, 2019. 153.258. Sec. TCLL - FM-Chil-306 Standard Possession Order (Rev. Summer, holidays, and special days. The Court ORDERS that in this Possession Order the conservators are called Parent A and . Sec. family violence concerns. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 5, eff. Docket No. 555), Sec. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. (6) has a criminal history or a history of violating court orders. 153.252. (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. 2023 Texas Standard Possession Order for Parents and Children April 20, 1995. (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. Acts 2009, 81st Leg., R.S., Ch. 751, 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. 967 (S.B. Acts 2009, 81st Leg., R.S., Ch. 1228), Sec. (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). 153.373. After an objection is filed, a parenting coordinator 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. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 153.073. Sec. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. April 20, 1995. April 2, 2015. Sept. 1, 1997. 149), Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. (4) the right to direct the moral and religious training of the child. Acts 2007, 80th Leg., R.S., Ch. 12, eff. 484 (H.B. Amended by Acts 1997, 75th Leg., ch. Sec. 1, eff. 20, Sec. 6, eff. (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. 1. 2, eff. (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. 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. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. Designation of Conservators . September 1, 2017. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. (2) provides that the child's primary residence shall be within a specified geographic area. September 1, 2005. Sec. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. 153.372. 949, Sec. April 2, 2015. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. The term does not include National Guard or Reserve annual training. 1012), Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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. 1, eff. 6, eff. 2, eff. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Sec. EXPEDITED HEARING. INTERVIEW OF CHILD IN CHAMBERS. 482 (H.B. September 1, 2017. Sept. 1, 2003. COMPENSATION OF PARENTING COORDINATOR. Sec. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. 153.192. September 1, 2021. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. 2, eff. (2) that the agreement is not in the child's best interest. Sec. September 1, 2009. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. GENERAL TERMS AND CONDITIONS. 896 (H.B. Acts 2015, 84th Leg., R.S., Ch. 20, Sec. 1, eff. Sec. Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos 2, eff. Acts 2005, 79th Leg., Ch. 153.551. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. Acts 2009, 81st Leg., R.S., Ch. 153.6071. 153.254. Amended by Acts 1999, 76th Leg., ch. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (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. Acts 2007, 80th Leg., R.S., Ch. June 17, 2011. Added by Acts 2007, 80th Leg., R.S., Ch. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. (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. (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 coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. 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. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. 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. 1, eff. 645, Sec. 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. Sec. (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. 153.704. (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. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. September 1, 2009. REBUTTABLE PRESUMPTION. 1, eff. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. (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. September 1, 2007. September 1, 2009. 1012), Sec. Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (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. 1113 (H.B. 612, Sec. 260), Sec. Sept. 1, 1995. (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. 1, eff. 5, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. Sept. 1, 2003. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 09-2021) Page 1 of 10 Standard Possession Order . (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. June 15, 2007. April 20, 1995. 20, Sec. Sec. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 153.314 . Sec. April 20, 1995. 153.134. 6, eff. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 1, eff. 1181 (H.B. 1, eff. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). April 20, 1995. (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.
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