texas family code expanded standard possession order10 marca 2023
1113 (H.B. 1228), Sec. September 1, 2007. 153.377. Acts 2007, 80th Leg., R.S., Ch. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. COURT-ORDERED JOINT CONSERVATORSHIP. 1, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. (4) the right to direct the moral and religious training of the child. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. GENERAL TERMS AND CONDITIONS. Added by Acts 1995, 74th Leg., ch. Sec. (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. 1113 (H.B. 153.071. 20, Sec. September 1, 2017. 2, eff. Acts 2005, 79th Leg., Ch. 260), Sec. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Sec. (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. Sept. 1, 2001. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 153.6071. 153.0071. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. September 1, 2005. September 1, 2009. Sept. 1, 1995. 20, Sec. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Sept. 1, 1997. 20, Sec. 252), Sec. 34, eff. 1012), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. ABDUCTION PREVENTION MEASURES. 153.3171. 3, eff. 2, eff. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. POLICY AND GENERAL APPLICATION OF GUIDELINES. 1113 (H.B. 153.135. 1181, Sec. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 1036, Sec. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. 219), Sec. 577, Sec. 29, eff. 7, eff. September 1, 2007. June 14, 2019. Acts 2017, 85th Leg., R.S., Ch. (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. 178, Sec. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 38, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. Acts 2017, 85th Leg., R.S., Ch. Summer, holidays, and special days. 153.072. (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. 1404), Sec. 153.007. 1036, Sec. 1181 (H.B. 12(1), eff. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 1012), Sec. 21, eff. Sec. September 1, 2007. 20, Sec. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. September 1, 2011. 1449), Sec. 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. Designation of Conservators . 1, eff. 612, Sec. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. April 20, 1995. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 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. 1 (S.B. 219), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 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. (13) any other evidence of the best interest of the child. 3, eff. 1191 (H.B. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. 1 (S.B. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. 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. 1156 (H.B. September 1, 2019. June 17, 2011. (ii) is not appointed under another statute or a rule of civil procedure. 153.374. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. September 1, 2013. 149), Sec. Added by Acts 1995, 74th Leg., ch. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. 228), 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. 7, eff. Designation of Conservators . 153.138. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2003. 12, eff. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Amended by Acts 1997, 75th Leg., ch. 1936), Sec. Acts 2005, 79th Leg., Ch. 1012), Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. September 1, 2009. 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 2003, 78th Leg., ch. 20, eff. 05-9107, June 13, 2005). 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. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. Acts 2019, 86th Leg., R.S., Ch. A recommendation authorized by this subsection does not affect the terms of an existing court order. (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 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. September 1, 2021. 153.251. 153.006. 1289, Sec. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. 20, Sec. Sec. 25, eff. 1237), Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. Amended by Acts 1995, 74th Leg., ch. 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. (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. 153.010. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 751, Sec. 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. (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. September 1, 2019. 1404), Sec. Sec. TCLL - FM-Chil-306 Standard Possession Order (Rev. 1, eff. September 1, 2007. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. WEEKEND POSSESSION EXTENDED BY HOLIDAY. (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. (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. (C) maintain possession of the child's passport. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. Added by Acts 1995, 74th Leg., ch. 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. Sec. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1228), Sec. 1, eff. Sept. 1, 1997. April 2, 2015. September 1, 2007. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Sept. 1, 2003. (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 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. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. September 1, 2009. 153.257. from the primary residence of the child/ren. (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. Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. April 2, 2015. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. An offense under this subsection is a Class C misdemeanor. 153.609. 219), Sec. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. 1012), Sec. September 1, 2009. September 1, 2009. 261), Sec. 99 (S.B. 27, eff. April 20, 1995. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 1113 (H.B. 153.002. 1.048, eff. 1 (S.B. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. September 1, 2007. 1012), Sec. Texas Law. Sec. 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. Sept. 1, 1999. 1. 153.708. 1, eff. 153.607. 1. 787, Sec. Added by Acts 1995, 74th Leg., ch. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. 787, Sec. 20, Sec. Texas Family Code - FAM 153.317. 1113 (H.B. 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. 10, eff. (2) through an oral statement made in open court on the record. September 1, 2009. 1181 (H.B. 1113 (H.B. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Acts 2015, 84th Leg., R.S., Ch. 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. June 17, 2011. Sec. 751, Sec. 1113 (H.B. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. 1237), Sec. 4, eff. 153.709. Sept. 1, 2003. 1181 (H.B. 153.015. 1237), Sec. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. Acts 2021, 87th Leg., R.S., Ch. (2) be licensed in good standing as an attorney in this state. 751, Sec. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 153.255. 13, eff. Sec. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. 781, Sec. September 1, 2007. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Acts 2007, 80th Leg., R.S., Ch. (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). (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. Sec. September 1, 2009. 9, eff. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. DUTY TO PROVIDE INFORMATION. 1, eff. Sec. 1, eff. 1181 (H.B. (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. 1, eff. 153.312. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 153.311. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. (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. Acts 2007, 80th Leg., R.S., Ch. (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. 1, 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 of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 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 even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and.