RIGHT TO EXPANDED STANDARD POSSESSION ORDER. Acts 2005, 79th Leg., Ch. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. 1, eff. (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. 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. 149), Sec. (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. 1, eff. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 3, eff. 1237), Sec. 9, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 20, Sec. Sec. 1012), Sec. Acts 2007, 80th Leg., R.S., 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. 219), Sec. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. Sec. 1113 (H.B. 1216), Sec. Sec. September 1, 2021. September 1, 2021. June 17, 2011. (13) any other evidence of the best interest of the child. (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. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 7, eff. 1041 (H.B. 555), Sec. 1012), Sec. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. 1, eff. (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. FACTORS FOR COURT TO CONSIDER. CHILD LESS THAN THREE YEARS OF AGE. (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). (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. 2, eff. Sec. 1, eff. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. Added by Acts 2003, 78th Leg., ch. 153.6091. 555), Sec. 20, Sec. Acts 2019, 86th Leg., R.S., Ch. April 20, 1995. Added by Acts 1995, 74th Leg., ch. 555), Sec. 24, eff. Sec. BEST INTEREST OF CHILD. No. September 1, 2009. Sept. 1, 1995. 1113 (H.B. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. Acts 2017, 85th Leg., R.S., Ch. 153.704. 1181 (H.B. 751, Sec. 1113 (H.B. 1390, Sec. Sec. 29, eff. September 1, 2017. Sec. After an objection is filed, the suit may not be referred to mediation 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. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Added by Acts 1995, 74th Leg., ch. 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. (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. 1, eff. 1, eff. September 1, 2009. 35, eff. Sept. 1, 1997. 821), Sec. Acts 2007, 80th Leg., R.S., Ch. 260), Sec. Sept. 1, 2003. Added by Acts 2009, 81st Leg., R.S., Ch. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (ii) is not appointed under another statute or a rule of civil procedure. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 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. 279), Sec. 15, eff. 751, Sec. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Sept. 1, 1997. (a) If the conservator without 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 award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. PARENTS WHO RESIDE 100 MILES OR LESS APART. Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999. (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. 2, eff. ABDUCTION RISK FACTORS. Acts 2009, 81st Leg., R.S., Ch. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. September 1, 2009. (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. 787, Sec. Added by Acts 1995, 74th Leg., ch. Sec. Acts 2005, 79th Leg., Ch. 19, eff. September 1, 2013. (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. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). 1, eff. (C) maintain possession of the child's passport. 1, eff. Sec. 22, eff. September 1, 2007. 153.00715. 1181 (H.B. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Sec. Sec. 1 (S.B. Sept. 1, 1999; Acts 2003, 78th Leg., 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 2, eff. Acts 2005, 79th Leg., Ch. (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. Sec. 228), Sec. 555), Sec. April 20, 1995. Sept. 1, 2003. 27, eff. Acts 2007, 80th Leg., R.S., Ch. TEMPORARY ORDERS. 1404), Sec. 555), Sec. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. September 1, 2005. Added by Acts 1995, 74th Leg., ch. Sec. 916 (H.B. 1, eff. 1150 (S.B. 916 (H.B. Acts 2009, 81st Leg., R.S., Ch. 261), Sec. 20, Sec. 219), Sec. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. 260), Sec. (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. 20, Sec. 7, eff. September 1, 2005. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 916 (H.B. Section 153.009 of the Texas Family Code. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. 1.048, eff. 153.076. Sec. 30, eff. 20, Sec. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 1, eff. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 149), Sec. Designation of Conservators . September 1, 2009. (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. 153.314. (2) the authority to exercise management and control of the suit. 967 (S.B. 4, eff. 153.551. (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. 1, eff. A record of the interview shall be part of the record in the case. 751, Sec. 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. 11(2), eff. 1, eff. 153.6051. 20, Sec. (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. (3) a final order described by Section 155.001(b). 153.073. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1, eff. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives 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 days 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, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. Acts 2013, 83rd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (b) The court may not appoint a parenting coordinator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting coordinator and the appointment is in the best interest of any minor child in the suit; and. 153.605. 153.131. 1, eff. 1. family violence concerns. 270), Sec. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. COMPENSATION OF PARENTING FACILITATOR. 1036, Sec. September 1, 2009. September 1, 2009. 1.043, eff. 20, Sec. September 1, 2021. 112 (H.B. SUIT FOR ACCESS. April 20, 1995. (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. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. 1036, Sec. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Sec. 20, Sec. 1, eff. 32, eff. 3, eff. September 1, 2009. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. 2, eff. 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. 219), Sec. (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. Sec. ENFORCEMENT. (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. (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. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 20, Sec. September 1, 2005. 774, Sec. 1936), Sec. (4) the right to direct the moral and religious training of the child. June 18, 2005. (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. 751, Sec. 4, eff. 14, eff. 153.6081. 153.702. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. 1012), Sec. 577, Sec. 2, eff. Amended by Acts 1995, 74th Leg., ch. 1036, Sec. 1, eff. 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. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order. Sec. The term does not include National Guard or Reserve annual training. (C) for any other reason the court considers relevant. 153.701. (c) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the person has possession of the child; and. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. (3) the terms and conditions of conservatorship and possession of and access to the child. 733 (H.B. 845), Sec. 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. 5, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. 20, Sec. (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. September 1, 2009. 1936), Sec. 4, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. Sec. 1113 (H.B. 153.501. (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. September 1, 2015. 1, eff. (d) The court may not consider the availability of electronic communication as a factor in determining child support. 21, eff. 153.371. September 1, 2019. 6, eff. (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. Acts 2013, 83rd Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2017. (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. (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. Amended by Acts 1997, 75th Leg., ch. 219), Sec. 13, eff. (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.
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