153.011. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. ACCESS TO CHILD'S RECORDS. Sec. Added by Acts 1995, 74th Leg., ch. 153.701. DEFINITIONS. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. 3.01, eff. 1, eff. 1, eff. MEANS OF TRAVEL. AGREED PARENTING PLAN. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. 1181 (H.B. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 2, eff. April 2, 2015. (B) any other method of voluntary dispute resolution. 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 . 482 (H.B. 482 (H.B. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 153.6082. Added by Acts 2005, 79th Leg., Ch. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 12(1), eff. September 1, 2015. 99 (S.B. 3203), Sec. 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. (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. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. 787, 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. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 1181 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. Texas Family Code - FAM 153.317. 38, eff. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. (C) for any other reason the court considers relevant. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 555), Sec. 153.314. 153.3721. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or (C) SECURITY BOND. 153.605. 4, eff. Acts 2005, 79th Leg., Ch. This subsection does not apply to suits filed under Chapter 262. 1289, Sec. ENFORCEMENT. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9). (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. 1237), Sec. 1, eff. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Sept. 1, 2003. 25, eff. 153.551. 260), Sec. (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. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 33, eff. Sec. September 1, 2009. 916 (H.B. 1, eff. QUALIFICATIONS OF PARENTING FACILITATOR. Sec. 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. (3-a) "Parenting facilitator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and. 252), Sec. 270), Sec. Added by Acts 1995, 74th Leg., ch. 1, eff. 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. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 4, eff. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year 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; (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 42 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. 20, Sec. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 1012), Sec. (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. (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. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. TEMPORARY ORDERS. 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. April 20, 1995. Sec. September 1, 2009. 260), Sec. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 1, eff. 484 (H.B. 1012), Sec. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. Amended by Acts 1997, 75th Leg., ch. Sec. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. Added by Acts 2009, 81st Leg., R.S., Ch. 1252 (H.B. Acts 2009, 81st Leg., R.S., Ch. REPORT OF PARENTING COORDINATOR. 31, eff. 1, eff. 20, 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. 1, eff. 9, eff. 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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 20, Sec. Acts 2005, 79th Leg., Ch. (2) that the agreement is not in the child's best interest. 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. 1, eff. 153.503. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. April 20, 1995. 153.709. Amended by Acts 1999, 76th Leg., ch. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. 1036, Sec. family violence concerns. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . 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. 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. Sec. Acts 2007, 80th Leg., R.S., Ch. 645, Sec. 751, Sec. 153.071. Sept. 1, 1999. Added by Acts 1995, 74th Leg., ch. September 1, 2007. 153.311. 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 facilitation. Acts 2017, 85th Leg., R.S., Ch. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 820), Sec. 555), Sec. Sec. 8, eff. The election may be made: (1) in a written document filed with the court; or. (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. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. 277 (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. September 1, 2007. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. (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. (c) Public funds may not be used to pay the fees of a parenting coordinator. Acts 2005, 79th Leg., Ch. Sept. 1, 1997. (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. 153.608. Added by Acts 1995, 74th Leg., ch. 260), Sec. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1, eff. Amended by Acts 1995, 74th Leg., ch. 751, Sec. September 1, 2009. Amended by Acts 1997, 75th Leg., ch. 05-9107, June 13, 2005). Sec. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. April 20, 1995. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Acts 2009, 81st Leg., R.S., Ch. June 17, 2011. 1181 (H.B. 153.432. (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. September 1, 2017. 818), Sec. Acts 2015, 84th Leg., R.S., Ch. 555), Sec. 29, eff. Added by Acts 1995, 74th Leg., ch. 1237), 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. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. APPOINTMENT OF POSSESSORY CONSERVATOR. 1, eff. Sec. Sec. 1, eff. September 1, 2021. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 153.004. 153.6031. 1113 (H.B. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. (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. September 1, 2009. 17, eff. 1. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 358 (H.B. 1012), Sec. 1, eff. (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.