3, eff. Acts 2007, 80th Leg., R.S., Ch. 11, eff. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. (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. Sec. 1, eff. September 1, 2009. June 17, 2011. 1. 153.372. 484 (H.B. June 17, 2011. 482 (H.B. 270), Sec. 1 (S.B. 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) (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 20, Sec. 31, eff. Designation of Conservators . (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). 2, eff. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2003. April 2, 2015. 2, eff. REPORT OF PARENTING FACILITATOR. (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. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . Added by Acts 1995, 74th Leg., ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search (2) that the agreement is not in the child's best interest. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. September 1, 2009. 1, eff. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 153.133. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 153.003. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. April 20, 1995. September 1, 2005. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. (3) "Parenting coordinator" 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 153.606 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 confidential procedures; and. 751, Sec. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. 153.131. 2, eff. April 20, 1995. September 1, 2009. INTERVIEW OF CHILD IN CHAMBERS. Sec. September 1, 2007. Sec. 1181 (H.B. (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. 153.6071. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Summer, holidays, and special days. Sec. (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. 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. Sec. 153.251. 260), Sec. 153.015. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 20, Sec. Added by Acts 1995, 74th Leg., ch. 11(2), eff. 1, eff. (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. 967 (S.B. 153.258. Sec. 1936), Sec. 751, Sec. 1012), Sec. 8, eff. 1, eff. April 20, 1995. DEFINITIONS. 1, 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. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. Amended by Acts 2003, 78th Leg., ch. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. 153.313. 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. Added by Acts 1995, 74th Leg., ch. 1181 (H.B. 3203), Sec. Sept. 1, 1999. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. 1036, Sec. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (C) for any other reason the court considers relevant. Amended by Acts 1995, 74th Leg., ch. 555), Sec. 153.602. 20, Sec. (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. September 1, 2009. 1404), Sec. COURT-ORDERED JOINT CONSERVATORSHIP. The court shall set the amount and condition the bond or security on compliance with the order. Sept. 1, 1999; Acts 2003, 78th Leg., ch. After an objection is filed, the suit may not be referred to mediation 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. Sec. Amended by Acts 1999, 76th Leg., ch. 1113 (H.B. 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. DEFINITIONS. 1150 (S.B. September 1, 2005. 1 (S.B. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th 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. Sec. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 25, eff. 1, eff. Sec. 1390, Sec. Added by Acts 1995, 74th Leg., ch. 967 (S.B. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately 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. 153.603. 13, eff. Sec. 1.048, eff. 153.610. 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. Acts 2007, 80th Leg., R.S., Ch. 153.434. Acts 2009, 81st Leg., R.S., Ch. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. 1012), Sec. (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. Sec. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. 936, Sec. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. 260), Sec. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. (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. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 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. 153.192. Sec. 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. 2. 153.611. 178, Sec. 6, eff. Added by Acts 2005, 79th Leg., Ch. 153.3115. Sec. 20, Sec. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. September 1, 2007. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. Added by Acts 2009, 81st Leg., R.S., Ch. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. 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. 1181, Sec. 1, eff. September 1, 2009. 1012), Sec. 153.254. Added by Acts 2009, 81st Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. Acts 2009, 81st Leg., R.S., Ch. 153.257. 15, eff. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. 219), Sec. (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. (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. 561, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (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. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 35, eff. 2, eff. Acts 2015, 84th Leg., R.S., Ch. ABDUCTION RISK FACTORS. 153.601. 252), Sec. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. September 1, 2021. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. TCLL - FM-Chil-306 Standard Possession Order (Rev. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). 1181 (H.B. 495), Sec. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 99 (S.B. 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. 13, eff. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 1, eff. 1, eff. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 153.609. September 1, 2011. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 1012), Sec. September 1, 2015. September 1, 2005. 20, Sec. Sec. April 20, 1995. September 1, 2007. 1.043, eff. 7, eff. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Sec. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. Sec. 751, Sec. Added by Acts 1995, 74th Leg., ch. June 15, 2007. 05-9107, June 13, 2005). (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. Sec. Sec. The term does not include National Guard or Reserve annual training. September 1, 2009. 550), Sec. 1012), Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 252), Sec. April 20, 1995. 1, eff. 3145), Sec. 153.314 Texas Family Code - FAM 153.314. September 1, 2007. 916 (H.B. Acts 2011, 82nd Leg., R.S., Ch. 937, Sec. Amended by Acts 1997, 75th Leg., ch. 1, eff. 153.376. (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. Sec. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. (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. COMPENSATION OF PARENTING COORDINATOR. 3, eff. Amended by Acts 1997, 75th Leg., ch. 153.075. (5) any other agreement between the parties that is approved by a court. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. 555), Sec. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit.
