153.135. June 20, 2003. 2, eff. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. A record of the interview shall be part of the record in the case. 1113 (H.B. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 482 (H.B. 1. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. (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. 19, eff. Added by Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1012), Sec. Added by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 153.608. DEFINITIONS. SUBCHAPTER I. (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. 153.132. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 1113 (H.B. 1, eff. 751, Sec. 817), Sec. 20, Sec. 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. (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. September 1, 2007. 112 (H.B. (d) The court may not consider the availability of electronic communication as a factor in determining child support. (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. (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 2015, 84th Leg., R.S., Ch. 219), Sec. 2, eff. 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. 20, Sec. 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. 1012), Sec. September 1, 2007. 1864), Sec. 252), Sec. 20, Sec. September 1, 2009. (ii) is not appointed under another statute or a rule of civil procedure. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. 916 (H.B. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Added by Acts 1995, 74th Leg., 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. Acts 2011, 82nd Leg., R.S., Ch. (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. 3, eff. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). (b) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the designated person has possession of the child; and. 787, Sec. Amended by Acts 1997, 75th Leg., ch. DUTIES OF PARENTING FACILITATOR. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 153.073. September 1, 2007. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. Sec. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. Acts 2009, 81st Leg., R.S., Ch. 12(1), eff. 751, Sec. Sec. April 20, 1995. Acts 2013, 83rd Leg., R.S., Ch. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. Added by Acts 1995, 74th Leg., ch. 896 (H.B. Sec. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. 20, Sec. (ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered; (4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled; (5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession; (6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned; (7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period; (8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and. 153.502. Sept. 1, 2003. family violence concerns. Sept. 1, 1995; Acts 2003, 78th Leg., ch. September 1, 2005. April 20, 1995. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. Added by Acts 2021, 87th Leg., R.S., Ch. 153.004. No. (2) is in the best interest of the child. 1216), Sec. 555), Sec. June 15, 2007. 149), Sec. 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 facilitation. Sec. September 1, 2009. Added by Acts 1995, 74th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. April 2, 2015. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. 13, eff. 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. 20, Sec. Acts 2007, 80th Leg., R.S., Ch. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 3203), Sec. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. 751, Sec. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 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. (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. 153.317. April 20, 1995. 9, eff. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 949, Sec. Amended by Acts 1997, 75th Leg., ch. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. (B) any other method of voluntary dispute resolution. 153.703. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Sec. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. Sec. 6, eff. Amended by Acts 1995, 74th Leg., ch. POLICY AND GENERAL APPLICATION OF GUIDELINES. Acts 2007, 80th Leg., R.S., Ch. 153.3171. (4) the right to direct the moral and religious training of the child. Sept. 1, 1995. 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. Acts 2015, 84th Leg., R.S., Ch. Sec. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. 1449), Sec. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. 35, eff. 482 (H.B. 10, eff. Acts 2019, 86th Leg., R.S., Ch. 818), Sec. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 1113 (H.B. 153.252. POSSESSION OF OR ACCESS TO GRANDCHILD. 1113 (H.B. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. Added by Acts 1995, 74th Leg., ch. (3) a final order described by Section 155.001(b). Sept. 1, 1999. Added by Acts 2021, 87th Leg., R.S., Ch. 219), Sec. September 1, 2011. SUIT FOR ACCESS. Added by Acts 1995, 74th Leg., ch. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. 1181 (H.B. 7, eff. 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. Sec. 219), Sec. 916 (H.B. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. (c) Public funds may not be used to pay the fees of a parenting coordinator. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (2) through an oral statement made in open court on the record. 774, 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 Sec. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. 153.709. September 1, 2017. (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. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. (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. 20, 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. (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. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. 153.006. 1, eff. June 17, 2011. 1, eff. 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. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. (a) 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 possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 1113 (H.B. BEST INTEREST OF CHILD. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . Acts 2007, 80th Leg., R.S., Ch. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. 153.377. 153.6071. 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. 642, Sec. 1, eff. 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. September 1, 2013. 1, eff. (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. September 1, 2021. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 153.005. 495), Sec. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. Sec. Sec. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. (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.
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