2, eff. Sec. 1166 (S.B. 1, eff. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1995, 74th Leg., ch. (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 coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). 421 (S.B. April 20, 1995. September 1, 2005. 153.256. (3) any other factor the court considers appropriate. (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. 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, 1999. AGREEMENT. 50 Miles Apart or Less | Office of the Attorney General April 2, 2015. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 1036, Sec. 1181 (H.B. 1156 (H.B. 30, eff. Acts 2011, 82nd Leg., R.S., Ch. 20, Sec. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 1036, Sec. 228), Sec. CONSERVATORSHIP, POSSESSION, AND ACCESS. September 1, 2009. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 1113 (H.B. September 1, 2007. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. Sec. April 20, 1995. Sec. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 3145), Sec. 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. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. 20, Sec. 1, eff. 1012), Sec. 4, eff. Sec. 751, Sec. 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. (d) The parenting facilitator may not modify any order, judgment, or decree. (6) has a criminal history or a history of violating court orders. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. 2, eff. Sec. Sec. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator 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. Sec. 153.702. Amended by Acts 1995, 74th Leg., ch. (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. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. Added by Acts 2005, 79th Leg., Ch. 727 (S.B. April 20, 1995. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. September 1, 2017. 1, eff. 149), Sec. 7, eff. 1, eff. (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). (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 4, eff. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. September 1, 2011. September 1, 2009. 260), Sec. 896 (H.B. Sec. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. SECURITY BOND. 12, eff. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 20, Sec. Sept. 1, 2003. (a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday 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 Monday during the summer months in which school is not in session, the weekend possession shall end at 6 p.m. on Monday. Acts 2011, 82nd Leg., R.S., Ch. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 495), Sec. 1181 (H.B. Sec. Sept. 1, 1995. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 12, eff. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. Added by Acts 1995, 74th Leg., ch. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 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. 1, eff. 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. 153.502. Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. Designation of Conservators . Acts 2015, 84th Leg., R.S., Ch. 1. September 1, 2009. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. June 20, 2003. September 1, 2005. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas Sec. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 1012), Sec. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. 2, eff. Added by Acts 1995, 74th Leg., ch. 20, Sec. 153.432. Sec. 1228), Sec. Amended by Acts 1995, 74th Leg., ch. 916 (H.B. (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. 2, eff. 153.6083. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2005. 421 (S.B. 1113 (H.B. 20, Sec. 23, eff. April 20, 1995. 1181 (H.B. Amended by Acts 1999, 76th Leg., ch. Sec. 967 (S.B. Acts 2005, 79th Leg., Ch. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled Sec. September 1, 2011. 153.704. 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. Texas Family Code 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. ABDUCTION PREVENTION MEASURES. 270), Sec. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. 1, eff. 751, 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. Amended by Acts 1997, 75th Leg., ch. 153.371. The agreement must state whether the arbitration is binding or non-binding. After an objection is filed, a parenting coordinator 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. 2, eff. 26, eff. Added by Acts 1995, 74th Leg., ch. 24, eff. (b) The court may not appoint a parenting facilitator 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 facilitator and the appointment is in the best interest of any minor child in the suit; and. 555), Sec. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 555), Sec. 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. 36, eff. 3, eff. 11, eff. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. Acts 2017, 85th Leg., R.S., Ch. April 20, 1995. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1864), Sec. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR.