June 15, 2007. September 1, 2005. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. (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. 1, eff. Sec. 751, Sec. 1012), Sec. 555), Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html (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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator 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. TEMPORARY ORDERS. POLICY AND GENERAL APPLICATION OF GUIDELINES. 1181 (H.B. 153.6091. (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. 1113 (H.B. Sec. 99 (S.B. (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. April 20, 1995. 1237), Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 20, Sec. The report must be limited to a statement of whether the parenting coordination should continue. Acts 2011, 82nd Leg., R.S., Ch. Sec. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT.
PDF Exhibit: Standard Possession (Visitation) and Access Order Added by Acts 2021, 87th Leg., R.S., Ch. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. Added by Acts 1995, 74th Leg., ch. September 1, 2009. (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. 358 (H.B. 153.007. 1113 (H.B. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. Added by Acts 1995, 74th Leg., ch.
Standard & Expanded Possession Order Calendar in Texas - Family Lawyer (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (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. 907 (H.B. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. Sept. 1, 1999; Acts 2003, 78th Leg., ch. June 18, 2005. 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. 845), Sec. Designation of Conservators . April 20, 1995. September 1, 2009. 751, Sec. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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. Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1181 (H.B. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 153.6101. June 17, 2011. (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. 916 (H.B. Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. (2) if the parents are or will be separated, shall appoint at least one managing conservator. (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. 26, eff. (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. Sec. 153.073. June 17, 2011. (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. ABDUCTION PREVENTION MEASURES. (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. 1 (S.B. 1012), Sec. Sept. 1, 1999. 612, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch.
What Exactly is a Standard Possession Order - McNamara Law Office 153.253. Added by Acts 2011, 82nd Leg., R.S., Ch. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. (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. 1 (S.B. 555), Sec. Sec. Sept. 1, 1999. September 1, 2009. 555), Sec. 15, eff.
PDF Exhibit A: Standard Possession Order - Texas Law Help (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. CHILD LESS THAN THREE YEARS OF AGE. Sept. 1, 2003. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. (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. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. 11(2), eff. 153.315. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Acts 2007, 80th Leg., R.S., Ch. (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 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) 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 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 (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Sept. 1, 1999; Acts 2003, 78th Leg., ch. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 11, eff. 949, Sec. (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. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. 2, eff.
Child Visitation and Possession Orders | Texas Law Help 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. 1, eff. 3145), Sec. September 1, 2009. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 8, eff. 9, Sec. Sec. Sec. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. 153.551. 153.3101. 820), Sec. 153.3171. 1, eff. April 20, 1995. Acts 2011, 82nd Leg., R.S., Ch. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. 2, eff. Added by Acts 2009, 81st Leg., R.S., Ch. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. 2. 1, eff. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. September 1, 2007. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 12, eff. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. (b) The court shall specify the rights and duties of a person appointed possessory conservator. September 1, 2009. Sec. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. 153.006. 153.708. (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. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Sec. 561, Sec. 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. September 1, 2009. (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. ABDUCTION RISK FACTORS. 1156 (H.B. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. 1. family violence concerns. 9, eff. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. Sec. 967 (S.B. 14, eff. Acts 2009, 81st Leg., R.S., Ch.
Custody & Visitation - Child Custody and Support - Guides at Texas Texas Standard Possession Order| New 50-Mile Category [2022] 9, eff. 10, eff. 1237), Sec. September 1, 2021. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 153.503. 1, eff. 14, eff. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 37, eff. Sec. (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. Sept. 1, 1995. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. 32, eff. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. 24, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. (b) 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 described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (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 designated person has possession of the child; and. 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. 153.00715. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. Sec. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. 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.
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