896 (H.B. 153.314 . September 1, 2007. 1 (S.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. (13) any other evidence of the best interest of the child. June 17, 2011. (2) be licensed in good standing as an attorney in this state. Sec. DUTIES OF PARENTING FACILITATOR. September 1, 2009. from the primary residence of the child/ren. (b) A nonparent possessory conservator has any other right or duty specified in the order. 1167 (S.B. 99 (S.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 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. (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. (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. QUALIFICATIONS OF PARENTING FACILITATOR. Summer, holidays, and special days. (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) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. (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. 1. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 1036, Sec. 153.135. 153.009. Sec. Added by Acts 1995, 74th Leg., ch. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Sept. 1, 2003. (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. June 18, 2005. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. April 20, 1995. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 20, Sec. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. 1113 (H.B. 2, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) The court may not appoint a parenting facilitator 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 facilitator and the appointment is in the best interest of any minor child in the suit; and. An offense under this subsection is a Class C misdemeanor. Added by Acts 1995, 74th Leg., ch. (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. 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. (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. 1012), Sec. 260), Sec. (b) The court shall specify in the order the rights that a parent retains at all times. Added by Acts 2011, 82nd Leg., R.S., Ch. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 7, eff. APPOINTMENT OF POSSESSORY CONSERVATOR. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 1449), Sec. 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. (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, 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, and the managing conservator shall have possession for the same period in odd-numbered years; (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 30 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. Sec. 1.043, eff. Acts 2013, 83rd Leg., R.S., Ch. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. April 20, 1995. Sec. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 3.01, eff. 1012), Sec. (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. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. 153.371. 1166 (S.B. Added by Acts 1995, 74th Leg., ch. Sec. 1936), Sec. 1, eff. September 1, 2009. September 1, 2007. Section 153.009 of the Texas Family Code. September 1, 2007. 3, eff. September 1, 2007. 20, Sec. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 153.6102. ACCESS TO CHILD'S RECORDS. Acts 2005, 79th Leg., Ch. They will not automatically be granted their preferred custody arrangement as the court still must rule . After an objection is filed, a parenting coordinator 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. ABDUCTION RISK FACTORS. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 733 (H.B. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately 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. Sec. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 252), Sec. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. Sept. 1, 2001. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. (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. Acts 2007, 80th Leg., R.S., Ch. 1012), Sec. 586, Sec. Sec. 05-9107, June 13, 2005). PARENTS WHO RESIDE OVER 100 MILES APART. 1088 (S.B. 153.134. Sec. Sept. 1, 1995. (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. 802, Sec. September 1, 2009. 153.6071. 9, Sec. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission.

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