(c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 153.6051. 555), Sec. 228), Sec. April 20, 1995. 2, eff. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. Sec. Sept. 1, 2003. Sec. Added by Acts 2005, 79th Leg., Ch. 1012), Sec. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. Amended by Acts 1995, 74th Leg., ch. 642, Sec. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 1012), Sec. 1, eff. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. 1012), Sec. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. (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. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 786, Sec. June 18, 2005. (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. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. June 11, 2001. 86 (S.B. June 14, 2019. 153.072. 612, Sec. 153.132. 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. 261), Sec. June 17, 2011. 1012), Sec. Sec. Acts 2021, 87th Leg., R.S., 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. (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. (c) It is preferable for all children in a family to be together during periods of possession. INTERVIEW OF CHILD IN CHAMBERS. Added by Acts 1995, 74th Leg., ch. 20, Sec. 5, eff. Amended by Acts 1997, 75th Leg., ch. 1041 (H.B. 2, eff. Sec. The agreement must state whether the arbitration is binding or non-binding. Acts 2009, 81st Leg., R.S., Ch. 153.131. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 20, Sec. 1, eff. September 1, 2013. Sec. Sec. 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. April 20, 1995. Added by Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. (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. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. April 20, 1995. 261), Sec. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. 2, eff. 24, eff. Sec. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. (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. 153.6082. Added by Acts 1995, 74th Leg., ch. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. 896 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. (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. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 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. 153.006. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 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; and. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. September 1, 2015. September 1, 2007. 7, eff. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 1036, Sec. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 1, eff. 36, eff. Sec. PUBLIC POLICY. Added by Acts 1995, 74th Leg., ch. (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. (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. 751, Sec. Acts 2011, 82nd Leg., R.S., Ch. The Standard Possession Order is known as the "default" schedule. April 20, 1995. Sept. 1, 2003. Sept. 1, 1997. 22, eff. (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. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 153.434. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. 219), Sec. 2, eff. 1012), Sec. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. Sec. 20, Sec. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of 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; and. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 751, Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. September 1, 2019. DUTIES OF PARENTING FACILITATOR. 1237), Sec. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. 4, eff. September 1, 2009. 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. DUTY TO PROVIDE INFORMATION. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. Amended by Acts 1997, 75th Leg., ch. 577, Sec. 1 (S.B. A recommendation authorized by this subsection does not affect the terms of an existing court order. Sec. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sec. 7, eff. Added by Acts 2001, 77th Leg., ch. 1.048, eff. 13, eff. (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. 1936), Sec. Sec. 20, Sec. Amended by Acts 1997, 75th Leg., ch. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . A record of the interview shall be part of the record in the case. 1, eff. Sec. 153.611. Added by Acts 2009, 81st Leg., R.S., Ch. 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. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. (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). 1936), Sec. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. September 1, 2013. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. (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. 1.049, eff. Sec. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. 3, eff. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. (3) any other factor the court considers appropriate. (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). (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. 9, Sec. 1113 (H.B. 30, eff. 153.701. Sec. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. September 1, 2009. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 751, Sec. 153.075. family violence concerns. 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. 751, Sec. 18, eff. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. Added by Acts 2005, 79th Leg., Ch. 20, Sec. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. September 1, 2005. September 1, 2009. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 1012), Sec. Added by Acts 1995, 74th Leg., ch. 1181 (H.B. 1181 (H.B. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. 20, eff. Sec. June 18, 2005. 153.3101. COURT-ORDERED JOINT CONSERVATORSHIP. 10, eff. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 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, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do 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. 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 . Sept. 1, 1995; Acts 2003, 78th Leg., ch. 751, Sec. Sept. 1, 1997. September 1, 2021. (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. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate.