ORDER FOR FAMILY COUNSELING. 11(2), eff. 7, 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. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 153.6101. 20, Sec. 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. TCLL - FM-Chil-306 Standard Possession Order (Rev. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 153.009. Amended by Acts 1997, 75th Leg., ch. 153.501. Acts 2007, 80th Leg., R.S., Ch. (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. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. 153.192. April 20, 1995. Sec. 1, eff. (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). 1191 (H.B. 1449), Sec. The term does not include National Guard or Reserve annual training. Added by Acts 2005, 79th Leg., Ch. 153.709. 153.372. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. 1.043, eff. 936, Sec. 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. September 1, 2009. 153.704. 153.074. 1 (S.B. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. Acts 2015, 84th Leg., R.S., Ch. 1, eff. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 153.131. 896 (H.B. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1864), Sec. from the primary residence of the child/ren. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 86 (S.B. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. 153.603. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. Sept. 1, 1995. 1, eff. 682 (H.B. 149), Sec. 153.432. 153.314 . 112 (H.B. April 20, 1995. 153.314. 153.6082. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 38, eff. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. 1237), Sec. Amended by Acts 1995, 74th Leg., ch. Sec. 1012), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (C) for any other reason the court considers relevant. 16, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. 1216), Sec. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Acts 2007, 80th Leg., R.S., Ch. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. 4, eff. 577, Sec. September 1, 2005. Amended by Acts 1997, 75th Leg., ch. 1041 (H.B. (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). 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. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (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. 1, eff. (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 2005, 79th Leg., Ch. Sec. Sec. 1, eff. 4, eff. The Court ORDERS that 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. 22, eff. 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. Sept. 1, 2003. 1181 (H.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. Acts 2009, 81st Leg., R.S., Ch. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. 2, eff. 153.502. 1, eff. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). Amended by Acts 1999, 76th Leg., ch. 1036, Sec. 153.004. (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. Sept. 1, 1995. 20, Sec. 1113 (H.B. 330, Sec. 1012), Sec. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 1181 (H.B. 9, Sec. Sept. 1, 1997. 153.255. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. Sec. 219), Sec. QUALIFICATIONS OF PARENTING FACILITATOR. 786, Sec. Added by Acts 1995, 74th Leg., ch. 153.701. September 1, 2007. 153.012. (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. April 20, 1995. 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. family violence concerns. Sec. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. 3203), Sec. 153.602. June 20, 2003. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . (2) that the agreement is not in the child's best interest. Acts 2015, 84th Leg., R.S., Ch. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 153.371. A record of the interview shall be part of the record in the case. 20, Sec. 1012), Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 2, eff. Sec. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. (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. 2, 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. 555), Sec. Acts 2007, 80th Leg., R.S., Ch. 1404), Sec. 153.005. 153.013. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 20, Sec. Added by Acts 1995, 74th Leg., ch. September 1, 2009. (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. 1.044, eff. 219), Sec. 1181 (H.B. 1088 (S.B. June 18, 2005. 1, eff. 153.374. (2) "Family violence" has the meaning assigned by Section 71.004. 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. Sec. 153.007. (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. September 1, 2013. RIGHTS OF PARENT AT ALL TIMES. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. Added by Acts 1995, 74th Leg., ch. (C) maintain possession of the child's passport. DEFINITIONS. An offense under this subsection is a Class C misdemeanor. 153.254. 153.191. (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. 1, eff. The court shall set the amount and condition the bond or security on compliance with the order. (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. Sec. April 20, 1995. (b) A nonparent possessory conservator has any other right or duty specified in the order. Acts 2017, 85th Leg., R.S., Ch. 153.609.

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