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(a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. 252), Sec. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. 252), Sec. 421 (S.B. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 9, eff. 25, eff. (c) The parenting coordinator may not modify any order, judgment, or decree. September 1, 2021. 1228), Sec. 153.603. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. 421 (S.B. (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. September 1, 2009. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. (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. 35, eff. Sec. 219), Sec. Acts 2009, 81st Leg., R.S., Ch. (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. 421 (S.B. 153.314 . (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 1088 (S.B. 907 (H.B. 2, eff. 802, Sec. 751, Sec. Amended by Acts 1995, 74th Leg., ch. 1012), Sec. 3, eff. (5) any other agreement between the parties that is approved by a court. Acts 2005, 79th Leg., Ch. (3) "Parenting coordinator" 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 153.606 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 confidential procedures; and. (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. 99 (S.B. (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, eff. (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. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. 1113 (H.B. 751, Sec. September 1, 2007. 27, eff. 13, eff. 1113 (H.B. 751, Sec. 1.045, eff. Sec. (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. FACTORS FOR COURT TO CONSIDER. 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). 2, eff. 555), Sec. 153.315. Added by Acts 1995, 74th Leg., ch. 949, Sec. (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. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. 7, eff. Amended by Acts 1995, 74th Leg., ch. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. Acts 2005, 79th Leg., Ch. (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), (8), and (9). Sept. 1, 1995; Acts 1999, 76th Leg., ch. 36, eff. 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. September 1, 2007. 20, Sec. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. 6, eff. (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. September 1, 2009. Added by Acts 1995, 74th Leg., ch. 261), Sec. September 1, 2005. Sept. 1, 1995. April 20, 1995. 482 (H.B. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. 153.002. 896 (H.B. Sec. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 1 (S.B. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. 1, eff. 1012), Sec. 1181 (H.B. 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. POLICY AND GENERAL APPLICATION OF GUIDELINES. 1397, Sec. 260), Sec. 4, eff. 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. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. 22, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 787, Sec. Added by Acts 1995, 74th Leg., ch. 17, eff. April 20, 1995. Sept. 1, 2003. Amended by Acts 1997, 75th Leg., ch. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. 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. April 20, 1995. 09-2021) Page 1 of 10 Standard Possession Order . Acts 2015, 84th Leg., R.S., Ch. 4, eff. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. 153.6101. 153.605. (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. 1181 (H.B. COMPENSATION OF PARENTING FACILITATOR. Sept. 1, 1997. Added by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 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. June 14, 2019. Acts 2009, 81st Leg., R.S., Ch. 1181 (H.B. (c) Public funds may not be used to pay the fees of a parenting coordinator. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. 1113 (H.B. 2, eff. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. Acts 2009, 81st Leg., R.S., Ch. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) 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. Added by Acts 2007, 80th Leg., R.S., Ch. APPOINTMENT OF POSSESSORY CONSERVATOR. Added by Acts 2009, 81st Leg., R.S., Ch. 219), Sec. 9, eff. INTERVIEW OF CHILD IN CHAMBERS. 1216), Sec. 1, eff. 153.007. (2) if the parents are or will be separated, shall appoint at least one managing conservator.
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