(2) "Family violence" has the meaning assigned by Section 71.004. Amended by Acts 1997, 75th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (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. 9, eff. April 2, 2015. 1113 (H.B. 751, Sec. Sec. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. 421 (S.B. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. 153.314 Texas Family Code - FAM 153.314. Acts 2009, 81st Leg., R.S., Ch. (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. 153.254. Sept. 1, 1999; Acts 2003, 78th Leg., ch. ABDUCTION RISK FACTORS. 219), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 153.708. April 20, 1995. 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. 153.377. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. The Court ORDERS each conservator to obey this Standard Possession Order. 252), Sec. 818), Sec. 153.073. Sec. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. 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. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. 20, Sec. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 153.371. 153.004. (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 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) 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 any 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 (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Sec. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 1397, Sec. 2, eff. Sept. 1, 2003. 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. (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. 153.314. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search 1 (S.B. 3, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 2, eff. September 1, 2011. 845), Sec. September 1, 2005. 1113 (H.B. Sept. 1, 2003. from the primary residence of the child/ren. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child 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. 1, eff. 20, Sec. COURT-ORDERED JOINT CONSERVATORSHIP. this Standard 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 Standard Possession Order is attached. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. 153.3101. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. April 20, 1995. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 153.605. Acts 2017, 85th Leg., R.S., Ch. (C) maintain possession of the child's passport. 1113 (H.B. Acts 2009, 81st Leg., R.S., Ch. After an objection is filed, a parenting facilitator 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. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 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. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Acts 2009, 81st Leg., R.S., Ch. 577, Sec. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 3, eff. 20, Sec. AGREEMENT. Sec. 9, eff. 1181 (H.B. (2) is in the best interest of the child. (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. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 1113 (H.B. 1113 (H.B. 279), Sec. 7, 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. 153.015. 10, eff. 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 2009, 81st Leg., R.S., Ch. 261), Sec. (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. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. Sec. Acts 2015, 84th Leg., R.S., Ch. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (c) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. Acts 2015, 84th Leg., R.S., Ch. Sec. Acts 2005, 79th Leg., Ch. Acts 2009, 81st Leg., R.S., Ch. 642, Sec. September 1, 2009. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. June 15, 2007. Acts 2017, 85th Leg., R.S., Ch. 153.6102. Texas Family Code Sec. 153.434. April 20, 1995. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 153.610. 2, eff. 20, Sec. (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. 153.071. Sec. 219), Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 482 (H.B. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. June 11, 2001. Sec. (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). 1237), Sec. Acts 2011, 82nd Leg., R.S., Ch. 153.010. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. (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. 751, Sec. 153.075. 37, eff. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 153.076. September 1, 2015. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. Sec. 260), Sec. APPOINTMENT OF PARENTING COORDINATOR. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. June 18, 2005. 28, eff. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 1012), Sec. 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. (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. 645, Sec. ORDER FOR FAMILY COUNSELING. Sec. Sec. Amended by Acts 2003, 78th Leg., ch. Sec. 1113 (H.B. 5, eff. 153.609. 22, eff. Sept. 1, 1995. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment.

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