Southeast High School Famous Alumni, Articles T

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. 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. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Acts 2009, 81st Leg., R.S., Ch. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sec. 1, eff. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. Acts 2009, 81st Leg., R.S., Ch. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 20, eff. RIGHTS OF PARENT AT ALL TIMES. Amended by Acts 1997, 75th Leg., ch. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. Amended by Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 2, eff. 3203), Sec. 1113 (H.B. (c) 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. 4, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 14, eff. Acts 2009, 81st Leg., R.S., Ch. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 6, eff. Added by Acts 1995, 74th Leg., ch. 358 (H.B. 252), Sec. (B) does not give 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 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 153.6083. 153.603. September 1, 2005. QUALIFICATIONS OF PARENTING FACILITATOR. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. Acts 2017, 85th Leg., R.S., Ch. 1181 (H.B. 260), Sec. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does 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. 786, Sec. This subsection does not apply to suits filed under Chapter 262. Added by Acts 1995, 74th Leg., ch. 219), Sec. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. 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. ACCESS TO CHILD'S RECORDS. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 261), Sec. 10, eff. Acts 2013, 83rd Leg., R.S., Ch. Summer, holidays, and special days. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. Amended by Acts 1997, 75th Leg., ch. Sec. 937, Sec. 774, Sec. Added by Acts 2005, 79th Leg., Ch. Acts 2013, 83rd Leg., R.S., Ch. Sec. 1012), Sec. Sept. 1, 1997; Acts 2003, 78th Leg., ch. COMPENSATION OF PARENTING FACILITATOR. Acts 2015, 84th Leg., R.S., Ch. (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. 22, eff. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. GENERAL TERMS AND CONDITIONS. 153.071. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. 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. 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. (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. Added by Acts 1995, 74th Leg., ch. 1012), Sec. June 17, 2011. 1113 (H.B. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 482 (H.B. 949, Sec. 153.6051. 645, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 153.373. Acts 2007, 80th Leg., R.S., Ch. (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. 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. 34, eff. ORDER FOR FAMILY COUNSELING. 1, eff. 3, eff. 3, eff. 153.014. (c) It is preferable for all children in a family to be together during periods of possession. (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. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. Acts 2015, 84th Leg., R.S., Ch. 17, eff. 153.6061. 972 (S.B. 1036, Sec. September 1, 2005. The standard possession order options available to parents can change based on how far you live from one another. (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. September 1, 2007. 153.6102. 117 (S.B. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday 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 Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. 153.703. September 1, 2017. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 153.074. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. Texas Family Code - FAM 153.317. (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. 153.255. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 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; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. Sec. September 1, 2005. 37, eff. 15, eff. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 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. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. Acts 2009, 81st Leg., R.S., Ch. 817), Sec. (ii) is not appointed under another statute or a rule of civil procedure. 153.371. April 20, 1995. (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. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. Sec. 1.045, eff. Acts 2005, 79th Leg., Ch. 1012), Sec. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. 5, eff. 10, eff. Amended by Acts 2003, 78th Leg., ch. 153.375. September 1, 2007. Sec. 3, eff. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. 1 (S.B. Added by Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. (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.