(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. Acts 2013, 83rd Leg., R.S., Ch. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 153.502. 1181 (H.B. 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. September 1, 2009. 153.373. Acts 2007, 80th Leg., R.S., Ch. 236, Sec. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. 1156 (H.B. Acts 2005, 79th Leg., Ch. 786, Sec. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 916 (H.B. Acts 2015, 84th Leg., R.S., Ch. 555), Sec. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. PUBLIC POLICY. 907 (H.B. 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. 1, eff. Sec. September 1, 2007. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. September 1, 2007. Amended by Acts 1995, 74th Leg., ch. (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. (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. (13) any other evidence of the best interest of the child. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 2, eff. Added by Acts 1995, 74th Leg., ch. 2, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. (c) The parenting coordinator may not modify any order, judgment, or decree. 20, Sec. 1113 (H.B. 153.703. 1, eff. September 1, 2019. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. 3, eff. 1.047, eff. Acts 2009, 81st Leg., R.S., Ch. (3) the terms and conditions of conservatorship and possession of and access to the child. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. 153.3171. 21, eff. 1113 (H.B. Sept. 1, 2003. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 818), Sec. 153.076. 1113 (H.B. Acts 2009, 81st Leg., R.S., Ch. 1, eff. Added by Acts 2005, 79th Leg., Ch. 949, Sec. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 7, eff. 751, Sec. 29, eff. 1113 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. 4, eff. 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. (b) 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 shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 153.00715. 2021 Standard Possession Order - Houston Divorce Lawyer April 20, 1995. 1, eff. 1113 (H.B. 727 (S.B. 3, eff. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 555), Sec. 219), Sec. PARENTS WHO RESIDE 100 MILES OR LESS APART. 1012), Sec. 112 (H.B. 3, eff. 1, eff. Sec. 1, eff. 20, Sec. 13, eff. REPORT OF PARENTING FACILITATOR. 3, eff. 1012), Sec. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. Sec. 1404), 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. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. New Visitation Law in Texas Added 50-Mile Category September 1 TEMPORARY ORDERS. September 1, 2011. Acts 2007, 80th Leg., R.S., Ch. 751, Sec. 555), Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (3-a) "Parenting facilitator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and. 682 (H.B. Sec. (C) maintain possession of the child's passport. DUTIES OF PARENTING COORDINATOR. April 20, 1995. (2) incorporated into an order signed by the court. 3.01, eff. 9, eff. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. 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. 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. 9, eff. June 18, 2005. 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. 1113 (H.B. (d) The court may not consider the availability of electronic communication as a factor in determining child support. 12, eff. 553), Sec. April 20, 1995. September 1, 2009. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (4) the right to direct the moral and religious training of the child. 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. (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. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. DEFINITIONS. 24, eff. Custody & Visitation - Child Custody and Support - Guides at Texas (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. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. 421 (S.B. 17, eff. 555), Sec. 1041 (H.B. 1, eff. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 1 (S.B. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. 7, eff. 751, Sec. 1012), Sec. Acts 2007, 80th Leg., R.S., Ch. 153.701. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. 1012), Sec. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. June 11, 2001. 820), Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (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. 2, eff. September 1, 2009. June 17, 2011. 1181 (H.B. 1, eff. Added by Acts 1995, 74th Leg., ch. 153.253. (b) A grandparent may request possession of or access to a grandchild in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or. Sec. 153.375. 972 (S.B. 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. 153.311. September 1, 2009. 153.6071. Sec. 787, Sec. 1252 (H.B. Sec. September 1, 2021. Sept. 1, 1995; Acts 1999, 76th Leg., ch. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. 153.707. Acts 2021, 87th Leg., R.S., Ch. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 555), Sec. Added by Acts 1995, 74th Leg., ch. 261), Sec. PARENTS WHO RESIDE OVER 100 MILES APART. REBUTTABLE PRESUMPTION. 936, Sec. Sec. Added by Acts 1995, 74th Leg., ch. Designation of Conservators . Added by Acts 2005, 79th Leg., Ch. ABDUCTION RISK FACTORS. Sec. 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. April 20, 1995. September 1, 2007. 1, eff. 153.257. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 1181, Sec. (3) a final protective order was rendered against a party. Amended by Acts 1995, 74th Leg., ch. 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. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1036, Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 1, eff. 421 (S.B. (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. 1036, Sec. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 751, Sec. 153.014. Acts 2015, 84th Leg., R.S., Ch. 1036, Sec. 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 . (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. 1167 (S.B. 8, eff. 153.0071. 5, eff. (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and any other right or duty expressly granted to the possessory conservator in the order. 1012), Sec. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit.
Steve Goodman Documentary,
San Juan County Court Docket,
Dillard's Lucky Brand Shoes,
Articles T