April 2, 2015. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. 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. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. September 1, 2009. 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. Added by Acts 1995, 74th Leg., ch. (2) provides that the child's primary residence shall be within a specified geographic area. (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. 1, eff. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. Added by Acts 1995, 74th Leg., ch. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 277 (H.B. June 15, 2007. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. The Standard Possession Order is known as the "default" schedule. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 1012), Sec. 153.702. Sept. 1, 1995; Acts 1997, 75th Leg., ch. April 20, 1995. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. (b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. 260), Sec. 21, eff. 10, eff. September 1, 2013. 1113 (H.B. September 1, 2021. September 1, 2007. (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. 1191 (H.B. 2, eff. 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. 12, eff. (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. 20, Sec. Acts 2017, 85th Leg., R.S., Ch. 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. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. 1, eff. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 28, eff. September 1, 2005. (2) incorporated into an order signed by the court. Sec. 1 (S.B. Sec. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 14, eff. 916 (H.B. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. 9, eff. 6, eff. 153.375. April 20, 1995. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. April 2, 2015. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. (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). (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 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. 153.705. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Sec. (ii) is not appointed under another statute or a rule of civil procedure. (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. Added by Acts 1999, 76th Leg., ch. 774, Sec. Sept. 1, 2003. (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. 1012), Sec. Sept. 1, 1997. 1012), Sec. 13, eff. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . (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. Acts 2009, 81st Leg., R.S., Ch. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. The Court ORDERS each conservator to obey this Standard Possession Order. 20, Sec. 153.138. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. Sec. September 1, 2007. 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. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. Sec. Sept. 1, 1999. 555), Sec. 1, eff. MEANS OF TRAVEL. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. 751, Sec. 261), Sec. Acts 2009, 81st Leg., R.S., Ch. 153.708. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. 252), Sec. September 1, 2009. Sec. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. 555), Sec. Sec. June 11, 2001. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. June 18, 2005. 153.503. 99 (S.B. April 20, 1995. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 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. Acts 2007, 80th Leg., R.S., Ch. 1012), Sec. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. June 14, 2019. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. 1.044, eff. 1449), Sec. Designation of Conservators . 1012), Sec. 1, eff. 279), Sec. 112 (H.B. 1 (S.B. 153.376. 3, eff. Acts 2009, 81st Leg., R.S., Ch. 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. Acts 2005, 79th Leg., Ch. 1012), Sec. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. 9, Sec. Sec. Amended by Acts 1995, 74th Leg., ch. 4, eff. 153.314 . Amended by Acts 1997, 75th Leg., ch. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Sec. Amended by Acts 1997, 75th Leg., ch. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . TCLL - FM-Chil-306 Standard Possession Order (Rev. 1, eff. Acts 2015, 84th Leg., R.S., Ch. (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. (b) A nonparent possessory conservator has any other right or duty specified in the order. September 1, 2009. 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. 1, eff. September 1, 2007. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 1, eff. 936, Sec. We have offices in Fort Bend County, Matagorda County, and Wharton . 1, eff. 1, eff. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. 751, Sec. RIGHTS OF PARENT AT ALL TIMES. 277 (H.B. 31, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2017. 1113 (H.B. Designation of Conservators (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. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 153.009. 2, eff. September 1, 2011. September 1, 2009. 1036, Sec. (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.
