texas family code expanded standard possession order
Sept. 1, 1995; Acts 2003, 78th Leg., ch. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. 1181 (H.B. 682 (H.B. After an objection is filed, a parenting facilitator 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. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. Amended by Acts 1995, 74th Leg., ch. 1, eff. September 1, 2009. 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). Acts 2011, 82nd Leg., R.S., 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. Sec. September 1, 2021. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. 153.551. Sec. April 20, 1995. Sept. 1, 1997. (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. 1012), Sec. 236, 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. September 1, 2007. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. 907 (H.B. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 153.193. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (b) A nonparent possessory conservator has any other right or duty specified in the order. Added by Acts 2005, 79th Leg., Ch. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. FALSE REPORT OF CHILD ABUSE. (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. Sec. Sept. 1, 2003. 12(1), eff. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. (b) The court shall specify the rights and duties of a person appointed possessory conservator. 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. (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). The Court ORDERS each conservator to obey this Standard Possession Order. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 3203), Sec. Added by Acts 2001, 77th Leg., ch. 153.071. (2) "Family violence" has the meaning assigned by Section 71.004. ORDER FOR FAMILY COUNSELING. 1, eff. 820), Sec. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. 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. 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. Sec. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. September 1, 2009. Sec. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. 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. Acts 2011, 82nd Leg., R.S., Ch. Understanding the Texas Standard Possession Order (SPO) and Expanded 36, eff. Acts 2005, 79th Leg., Ch. 228), Sec. Sept. 1, 2003. 1, eff. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. 153.3721. (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. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (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. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. Sec. 279), Sec. Sept. 1, 2003. 112 (H.B. (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. 2, eff. (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. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 153.254. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 3, eff. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. 2, eff. 20, Sec. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. (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. 153.609. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 20, Sec. (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. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. Amended by Acts 1999, 76th Leg., ch. 20, Sec. (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. 555), Sec. September 1, 2009. RIGHTS OF PARENT AT ALL TIMES. SECURITY BOND. 1113 (H.B. 86 (S.B. 1113 (H.B. 555), Sec. (b) The court may not appoint a parenting coordinator 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 coordinator and the appointment is in the best interest of any minor child in the suit; and. (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. Sec. 2, eff. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 1.049, eff. PUBLIC POLICY. 20, Sec. 21, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. 1, eff. 2, eff. Amended by Acts 1995, 74th Leg., ch. CHILD LESS THAN THREE YEARS OF AGE. New Visitation Law in Texas Added 50-Mile Category September 1 September 1, 2013. 4, eff. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. 1036, Sec. (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. (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. 12(1), eff. Sec. Summer, holidays, and special days. 555), Sec. Sec. 1, eff. 555), Sec. Acts 2005, 79th Leg., Ch. 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. MEANS OF TRAVEL. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 555), Sec. 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. 818), Sec. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 153.015. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 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. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. COMPENSATION OF PARENTING FACILITATOR. Sec. Amended by Acts 1997, 75th Leg., ch. 1113 (H.B. 1113 (H.B. 1012), Sec. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. Acts 2009, 81st Leg., R.S., Ch. 153.371. 153.6083. September 1, 2011. Acts 2009, 81st Leg., R.S., Ch. 817), Sec. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 751, Sec. 6, eff. September 1, 2009. 05-9107, June 13, 2005). 751, Sec. 153.704. PARENTS WHO RESIDE 100 MILES OR LESS APART. Added by Acts 2021, 87th Leg., R.S., Ch. 7, 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. 1228), Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 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. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (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. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. September 1, 2009. 1.046, eff. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. Acts 2005, 79th Leg., Ch. Amended by Acts 1995, 74th Leg., ch. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. Sec. Amended by Acts 1997, 75th Leg., ch. 1113 (H.B. 1404), Sec. 1, eff. September 1, 2017. (d) The standard possession order is designed to apply to a child three years of age or older. 936, Sec. September 1, 2019. 11(2), eff. 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. 1, eff. Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. Standard & Expanded Possession Order Calendar in Texas - Family Lawyer 916 (H.B. (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. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. Acts 2015, 84th Leg., R.S., Ch. No. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. The Standard Possession Order is known as the "default" schedule. Acts 2015, 84th Leg., R.S., Ch. 9, eff. 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. 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.
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