555), Sec. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled 1181 (H.B. Holiday Possession Unaffected by Distance Parents Reside Apart Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 99 (S.B. April 20, 1995. Sept. 1, 1997. Sec. Acts 2005, 79th Leg., Ch. 20, Sec. (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. Sept. 1, 1995. September 1, 2005. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. 153.011. Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. June 18, 2005. 1228), Sec. 949, Sec. (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. Sec. 34, eff. 1, eff. Sec. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. 6, eff. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. 733 (H.B. 421 (S.B. 112 (H.B. 916 (H.B. (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. 907 (H.B. 1 (S.B. (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. The Expanded Standard Possession Order for Child Custody 9, eff. 1, eff. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. (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. TEMPORARY ORDERS. 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. DUTIES OF PARENTING FACILITATOR. 153.315. (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. 1, eff. Acts 2005, 79th Leg., Ch. 3203), Sec. Sec. (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. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. Sec. 733 (H.B. 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. MEANS OF TRAVEL. 774, Sec. 1, eff. Sec. 751, Sec. 153.001. Amended by Acts 1995, 74th Leg., ch. Sec. April 20, 1995. 586, Sec. 20, Sec. 153.502. 117 (S.B. September 1, 2017. (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. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. April 20, 1995. 20, Sec. 1012), Sec. 3, eff. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. 252), Sec. Sec. 3, eff. (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. DUTY TO PROVIDE INFORMATION. Added by Acts 1995, 74th Leg., ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. 3, eff. 1397, Sec. Sec. 484 (H.B. 1181 (H.B. 9, eff. 20, Sec. Acts 2007, 80th Leg., R.S., Ch. 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. 1088 (S.B. September 1, 2007. Amended by Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. (b) The court shall specify in the order the rights that a parent retains at all times. 561, Sec. The Court ORDERS that in this Possession Order the conservators are called Parent A and . PDF Exhibit A: Standard Possession Order - Texas Law Help (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. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 4, eff. 1252 (H.B. (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). 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. Sept. 1, 2003. (2) incorporated into an order signed by the court. 3203), Sec. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 14, eff. CONSERVATORSHIP, POSSESSION, AND ACCESS. 20, eff. Added by Acts 2021, 87th Leg., R.S., Ch. 1181 (H.B. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. Added by Acts 1995, 74th Leg., ch. 20, Sec. Acts 2017, 85th Leg., R.S., Ch. 1113 (H.B. 7, eff. 2, eff. Designation of Conservators Acts 2009, 81st Leg., R.S., Ch. 153.132. Sec. 1, eff. (2) that the agreement is not in the child's best interest. 9, Sec. (2) is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. 153.256. The election may be made: (1) in a written document filed with the court; or. 149), Sec. (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. 1449), Sec. (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. 1012), Sec. 751, Sec. (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. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. 153.317. 1113 (H.B. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. (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. April 20, 1995. 153.611. 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. 36, eff. (d) The standard possession order is designed to apply to a child three years of age or older. 1, eff. 9, eff. 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 determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. September 1, 2009. 1, eff. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. (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. September 1, 2009. 4, eff. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. 682 (H.B. Child Visitation and Possession Orders | Texas Law Help Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. Acts 2005, 79th Leg., Ch. 10, eff. Sec. 260), Sec. 178, Sec. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 153.433. September 1, 2007. 112 (H.B. (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. 10, eff. 219), Sec. A recommendation authorized by this subsection does not affect the terms of an existing court order. Sec. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). 153.703. 1113 (H.B. September 1, 2011. Sec. 1041 (H.B. June 17, 2011. Sept. 1, 1995. 153.377. 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. Acts 2005, 79th Leg., Ch. Amended by Acts 1995, 74th Leg., ch. 358 (H.B. 1, eff. Sept. 1, 2003. Section 153.009 of the Texas Family Code. Docket No. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. 555), 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. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. 1012), Sec. 09-2021) Page 1 of 10 Standard Possession Order . 484 (H.B. ORDER FOR FAMILY COUNSELING. Amended by Acts 1995, 74th Leg., ch. 1, eff. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. PDF Modified Possession and Access Order - Texas Law Help (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. 153.701. September 1, 2015. 153.374. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 751, Sec. 35, eff. 967 (S.B. Sec. September 1, 2019. The court shall set the amount and condition the bond or security on compliance with the order. 20, Sec. family violence concerns. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. September 1, 2007. 153.002. Sec. 20, eff. Sec. 153.704. Sept. 1, 1999; Acts 2003, 78th Leg., ch. April 20, 1995. 153.014. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 3, eff. (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. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. Amended by Acts 1995, 74th Leg., ch. CHILD LESS THAN THREE YEARS OF AGE. 153.603. 1, eff. 1041 (H.B. 277 (H.B. 1390, Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 2003. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship.
Williamsport Crosscutters Scores,
Abandoned Property For Sale South Dakota,
Is Khaled Siddiq Still Married,
Traxxas Trx4 Traxx Top Speed,
Articles T
