ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 1228), Sec. 751, Sec. Sec. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. 5, eff. ALTERNATE DISPUTE RESOLUTION PROCEDURES. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (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. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1390, Sec. (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. Sec. 896 (H.B. FALSE REPORT OF CHILD ABUSE. 751, Sec. Acts 2005, 79th Leg., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 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 . 2, eff. 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. 252), Sec. Sec. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. 1, eff. 1041 (H.B. Sec. 787, Sec. 153.701. COMPENSATION OF PARENTING COORDINATOR. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . 1, eff. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. (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. (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. Amended by Acts 1995, 74th Leg., ch. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. September 1, 2013. 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. 4, eff. 1 (S.B. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (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. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 153.071. 153.433. 20, Sec. September 1, 2015. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. Acts 2009, 81st Leg., R.S., Ch. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 907 (H.B. 99 (S.B. 821), Sec. 1397, Sec. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. Added by Acts 2021, 87th Leg., R.S., Ch. (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. 153.6102. Added by Acts 1995, 74th Leg., ch. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) 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; or. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 896 (H.B. September 1, 2007. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. April 20, 1995. (2) through an oral statement made in open court on the record. September 1, 2007. Added by Acts 2005, 79th Leg., Ch. 1012), Sec. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. 1012), Sec. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. 153.703. Sec. 2, eff. 153.6071. A recommendation authorized by this subsection does not affect the terms of an existing court order. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 1036, Sec. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. 1150 (S.B. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 25, eff. ENFORCEMENT. 1351, Sec. 153.502. The report must be limited to a statement of whether the parenting coordination should continue. Amended by Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. 1, eff. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. 9, eff. 9, eff. 7, eff. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Sec. 22, eff. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. Acts 2015, 84th Leg., R.S., Ch. 1036, Sec. September 1, 2007. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 153.3101. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. 1.044, eff. (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. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. Sec. 10, eff. (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. Added by Acts 1995, 74th Leg., ch. (C) maintain possession of the child's passport. (c) It is preferable for all children in a family to be together during periods of possession. 112 (H.B. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. 484 (H.B. Sept. 1, 1997. 1, eff. 153.317. 916 (H.B. 270), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 20, Sec. (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. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 1012), 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. 20, eff. Sec. 3203), Sec. Added by Acts 2003, 78th Leg., ch. 14, eff. 1181, Sec. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. 153.134. (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. 5, eff. 86 (S.B. June 18, 2005. 20, Sec. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. Sec. (d) 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. 937, Sec. Added by Acts 1995, 74th Leg., ch. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. 20, Sec. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 153.003. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. PUBLIC POLICY. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. 153.551. 1.049, eff. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. Sept. 1, 1995; Acts 1999, 76th Leg., ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 1237), Sec. Sept. 1, 1995. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. 1167 (S.B. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 24, eff. 153.434. We have offices in Fort Bend County, Matagorda County, and Wharton . (2) if the parents are or will be separated, shall appoint at least one managing conservator. Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. Added by Acts 1995, 74th Leg., ch. After an objection is filed, a parenting facilitator 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. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. 1 (S.B. 1113 (H.B. 1, eff. 26, eff. (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. Sec. Sept. 1, 2003. April 2, 2015. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Added by Acts 1995, 74th Leg., ch. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Sec. 260), Sec. 495), 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. 2, eff. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 1, eff. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 3, eff. 733 (H.B. Sec. 153.707. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. REPORT OF PARENTING COORDINATOR. 3, eff. 751, Sec. SUIT FOR ACCESS. 421 (S.B. 153.076. Acts 2005, 79th Leg., Ch. 751, Sec. 219), Sec. 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. Sec. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 2, eff. 153.252. COMPENSATION OF PARENTING FACILITATOR. Amended by Acts 1999, 76th Leg., ch. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. 555), Sec. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 236, Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 1181 (H.B. 20, Sec. September 1, 2009. 484 (H.B. (2) "Family violence" has the meaning assigned by Section 71.004. 29, eff. 2, eff. (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. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Sec. Added by Acts 1995, 74th Leg., ch. 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. 153.375. (2) the authority to exercise management and control of the suit. 153.608. 99 (S.B. (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. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Sec. 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. Sec. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. Added by Acts 1995, 74th Leg., ch. (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. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. 1012), Sec. (b) A nonparent possessory conservator has any other right or duty specified in the order. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 50 miles or less. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. Amended by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. 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. grafana node graph panel example, zenni optical out of business,
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