Sec. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. 1012), Sec. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 1113 (H.B. 1, eff. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. Sec. 153.258. 4, eff. Sec. 1167 (S.B. 20, eff. SUBCHAPTER B. 219), Sec. 153.138. Acts 2011, 82nd Leg., R.S., Ch. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. APPOINTMENT OF POSSESSORY CONSERVATOR. (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. (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. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. Acts 2015, 84th Leg., R.S., Ch. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 2, eff. Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. 153.191. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 5, eff. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. Amended by Acts 1995, 74th Leg., ch. 112 (H.B. 153.372. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 1113 (H.B. 261), Sec. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1012), Sec. Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning 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; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. Sept. 1, 1995. Added by Acts 1995, 74th Leg., ch. April 20, 1995. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. June 18, 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. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. Sec. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. 2, eff. (2) through an oral statement made in open court on the record. 1113 (H.B. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. 260), Sec. 252), Sec. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. PARENTS WHO RESIDE 100 MILES OR LESS APART. 13, eff. Sec. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. (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. 751, Sec. September 1, 2005. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 153.3115. 153.503. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Added by Acts 2005, 79th Leg., Ch. 1, eff. 153.314 Texas Family Code - FAM 153.314. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. 1012), Sec. 260), Sec. (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. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 13, eff. 1, eff. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. Sec. 2, eff. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 555), Sec. Amended by Acts 1997, 75th Leg., ch. 22, eff. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. 845), Sec. 8, eff. June 20, 2003. (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. 32, eff. 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. Amended by Acts 1997, 75th Leg., ch. 555), Sec. Sept. 1, 1995. 1864), Sec. 1, eff. 1036, Sec. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. 9, Sec. Sept. 1, 1995. 751, Sec. After an objection is filed, the suit may not be referred to mediation 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. Sec. 1191 (H.B. ACCESS TO CHILD'S RECORDS. CONSERVATORSHIP, POSSESSION, AND ACCESS. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 1.049, eff. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. Added by Acts 1995, 74th Leg., ch. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 1, eff. 1113 (H.B. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. (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). 10, eff. 153.6091. DEFINITIONS. 20, Sec. April 20, 1995. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 733 (H.B. June 17, 2011. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. 1, eff. 1, eff. 1181 (H.B. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting coordination. 1181 (H.B. 219), Sec. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 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. 112 (H.B. April 20, 1995. 153.013. 330, Sec. Acts 2009, 81st Leg., R.S., Ch. 11, eff. 5, eff. 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. 1, eff. 495), Sec. 153.014. 421 (S.B. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. Sept. 1, 2003. 7, eff. 3, eff. Added by Acts 1995, 74th Leg., ch. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. (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. 1, eff. Amended by Acts 1999, 76th Leg., ch. September 1, 2007. (b) A nonparent possessory conservator has any other right or duty specified in the order. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. 4, eff. Sec. 153.256. 20, Sec. 19, eff. COURT-ORDERED JOINT CONSERVATORSHIP. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. Amended by Acts 1995, 74th Leg., ch. 1113 (H.B. Sept. 1, 1999. 20, Sec. 05-9107, June 13, 2005). 153.601. Acts 2013, 83rd Leg., R.S., Ch. (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. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. (d) The court may not consider the availability of electronic communication as a factor in determining child support. 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. Acts 2007, 80th Leg., R.S., Ch. (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. Added by Acts 1995, 74th Leg., ch. 1237), Sec. AGREED PARENTING PLAN. QUALIFICATIONS OF PARENTING FACILITATOR. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 1, eff. Acts 2007, 80th Leg., R.S., Ch. The Court ORDERS each conservator to obey this Standard Possession Order. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. Sec. Sec. 23, eff. 751, Sec. 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 .