The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 2, eff. (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. 727 (S.B. 153.708. The Court ORDERS that this Modified 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 Modified Possession Order is attached. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997. (c) It is preferable for all children in a family to be together during periods of possession. Acts 2009, 81st Leg., R.S., Ch. Sec. 1113 (H.B. (b) The court shall specify in the order the rights that a parent retains at all times. September 1, 2007. 2, eff. 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. (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. 153.603. 1, eff. Sec. 3, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2015. 277 (H.B. 99 (S.B. April 2, 2015. 9, eff. September 1, 2007. 260), Sec. 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. Sec. GENERAL TERMS AND CONDITIONS. TEMPORARY ORDERS. Acts 2015, 84th Leg., R.S., Ch. 219), Sec. Amended by Acts 1995, 74th Leg., ch. 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 2001, 77th Leg., ch. 20, Sec. 20, Sec. (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. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. family violence concerns. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. Designation of Conservators . 1 (S.B. 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. 1, eff. 751, Sec. POLICY AND GENERAL APPLICATION OF GUIDELINES. 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. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 260), Sec. June 18, 2005. (d) The standard possession order is designed to apply to a child three years of age or older. (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. PUBLIC POLICY. September 1, 2009. (2) "Family violence" has the meaning assigned by Section 71.004. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. 936, Sec. 1, eff. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 05-9107, June 13, 2005). APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. 2, eff. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (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. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. 236, Sec. 3, eff. Added by Acts 1995, 74th Leg., ch. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 20, Sec. (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. Acts 2007, 80th Leg., R.S., Ch. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. 261), Sec. 153.374. 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. 1, eff. (d) The parenting facilitator may not modify any order, judgment, or decree. April 20, 1995. (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. April 20, 1995. 19, eff. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 781, Sec. September 1, 2009. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sec. 8, eff. Sept. 1, 1995. June 17, 2011. 14, eff. 153.6071. 1166 (S.B. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. 153.313. 153.004. 35, eff. ENFORCEMENT. Added by Acts 1995, 74th Leg., ch. 555), Sec. (2) be licensed in good standing as an attorney in this state. 1, eff. 1113 (H.B. 153.601. 751, Sec. September 1, 2009. SUBCHAPTER B. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 2, eff. 1, 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 Sept. 1, 2003. 261), Sec. 99 (S.B. 7, eff. 1181 (H.B. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. Acts 2005, 79th Leg., Ch. (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (2) a suit for modification as provided by Chapter 156. 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. 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. September 1, 2017. 153.602. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 219), Sec. FACTORS FOR COURT TO CONSIDER. 555), Sec. 153.433. Sec. 153.432. 20, eff. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. 153.257. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (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. Added by Acts 2021, 87th Leg., R.S., Ch. Sec. April 2, 2015. 153.312. 1012), Sec. September 1, 2007. 2, eff. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 153.377. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. (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. 153.014. 153.551. COMPENSATION OF PARENTING FACILITATOR. 1, eff. Added by Acts 1995, 74th Leg., ch. (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). April 20, 1995. September 1, 2017. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. Sec. 3203), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. September 1, 2015. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 751, Sec. September 1, 2013. 153.6102. 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. September 1, 2005. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. 482 (H.B. Texas Family Code - FAM 153.317. (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. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 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.