texas family code expanded standard possession order

1041 (H.B. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. Sec. (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. 261), Sec. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. Acts 2015, 84th Leg., R.S., Ch. The court shall set the amount and condition the bond or security on compliance with the order. September 1, 2009. June 18, 2005. Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 612, Sec. 277 (H.B. This subsection does not apply to suits filed under Chapter 262. Sept. 1, 1997. 1.045, eff. Sec. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. 1012), Sec. Aug. 30, 1999; Acts 1999, 76th Leg., ch. (C) for any other reason the court considers relevant. September 1, 2009. April 2, 2015. Sept. 1, 2003. 1, eff. September 1, 2007. 260), Sec. MEANS OF TRAVEL. 1.043, eff. Sec. Added by Acts 1995, 74th Leg., ch. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. Sept. 1, 2003. 751, Sec. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. Sept. 1, 2003. 1, eff. 153.132. 3203), Sec. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. (3) the terms and conditions of conservatorship and possession of and access to the child. June 11, 2001. 936, Sec. 5, eff. 1, eff. Added by Acts 1995, 74th Leg., ch. Sec. 1237), Sec. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. 577, Sec. 9, Sec. 10, eff. Added by Acts 2001, 77th Leg., ch. 1036, Sec. 20, Sec. 896 (H.B. 1012), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. September 1, 2009. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. (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. (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 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) 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 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 (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. Amended by Acts 2003, 78th Leg., ch. 31, eff. 153.373. Acts 2005, 79th Leg., Ch. 1012), Sec. 586, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (2) through an oral statement made in open court on the record. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Sec. 967 (S.B. 153.075. 5, eff. QUALIFICATIONS OF PARENTING COORDINATOR. 751, Sec. (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. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. April 20, 1995. 1036, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. 4, eff. 153.372. 153.313. April 20, 1995. 1, eff. 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. 1, eff. (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. April 20, 1995. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 20, Sec. 1012), Sec. (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. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. 153.609. September 1, 2013. Added by Acts 2007, 80th Leg., R.S., Ch. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. Acts 2011, 82nd Leg., R.S., Ch. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 2. 153.6051. 12(1), eff. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. (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. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 818), Sec. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 1252 (H.B. Acts 2015, 84th Leg., R.S., Ch. 682 (H.B. 751, Sec. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. The Standard Possession Order is known as the "default" schedule. Sec. 1864), Sec. TEMPORARY ORDERS. 153.256. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. TITLE 5. September 1, 2007. 20, Sec. 99 (S.B. Designation of Conservators . Acts 2017, 85th Leg., R.S., Ch. 219), Sec. 153.255. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. Acts 2015, 84th Leg., R.S., Ch. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. Acts 2013, 83rd Leg., R.S., Ch. 1.049, eff. 1181 (H.B. April 20, 1995. 32, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 153.6031. (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. (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. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 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. The term does not include National Guard or Reserve annual training. 787, Sec. April 20, 1995. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. GENERAL TERMS AND CONDITIONS. 35, eff. 821), Sec. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Acts 2015, 84th Leg., R.S., Ch. 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 AGREEMENT. Sec. 5, eff. 555), Sec. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 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. (3) any other factor the court considers appropriate. Acts 2019, 86th Leg., R.S., Ch. FACTORS FOR COURT TO CONSIDER. 25, eff. 1, eff. 27, eff. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. Sept. 1, 1995. INTERVIEW OF CHILD IN CHAMBERS.

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