Sec. 1181 (H.B. 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). Aug. 30, 1999; Acts 1999, 76th Leg., ch. Sec. Sec. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 153.373. September 1, 2007. Added by Acts 2021, 87th Leg., R.S., Ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sec. 153.376. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. Amended by Acts 1995, 74th Leg., ch. 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. September 1, 2007. 1036, Sec. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. DUTY TO PROVIDE INFORMATION. 936, Sec. 1088 (S.B. POLICY AND GENERAL APPLICATION OF GUIDELINES. (2) through an oral statement made in open court on the record. 1. 9, eff. Added by Acts 2001, 77th Leg., ch. DUTIES OF PARENTING COORDINATOR. 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. 153.709. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. (d) 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. September 1, 2011. 6, eff. 277 (H.B. Sept. 1, 1999. (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. 733 (H.B. 1228), Sec. 1012), Sec. 1113 (H.B. (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. 1012), Sec. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. Acts 2007, 80th Leg., R.S., Ch. 2, eff. (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. 7, eff. 153.072. Sept. 1, 1999; Acts 1999, 76th Leg., ch. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 1113 (H.B. 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. ENFORCEMENT. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 153.012. September 1, 2005. Sec. Sec. Acts 2005, 79th Leg., Ch. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. 751, Sec. Acts 2009, 81st Leg., R.S., Ch. Child Visitation and Possession Orders | Texas Law Help April 20, 1995. SUBCHAPTER I. 153.134. 1012), Sec. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. 1 (S.B. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed 20, Sec. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. 555), Sec. COURT-ORDERED JOINT CONSERVATORSHIP. 3.01, eff. 20, Sec. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. 1, eff. 260), Sec. 260), Sec. TEMPORARY ORDERS. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. What Exactly is a Standard Possession Order - McNamara Law Office Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. Acts 2015, 84th Leg., R.S., Ch. (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. QUALIFICATIONS OF PARENTING FACILITATOR. Sec. 9, eff. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 153.6082. Amended by Acts 1995, 74th Leg., ch. 896 (H.B. 20, Sec. 1, eff. September 1, 2009. Added by Acts 1995, 74th Leg., ch. 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. 153.014. 1181 (H.B. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. EQUAL POSSESSION NOT REQUIRED. 495), Sec. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. 260), Sec. 153.138. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. (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. Sec. 261), Sec. (d) The standard possession order is designed to apply to a child three years of age or older. 32, eff. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. 153.6071. Sec. APPOINTMENT OF PARENTING COORDINATOR. Acts 2007, 80th Leg., R.S., Ch. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. Sec. Added by Acts 1995, 74th Leg., ch. 12(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. 219), Sec. 553), Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. April 20, 1995. 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 153.374. 236, Sec. (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. TITLE 5. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. Added by Acts 2021, 87th Leg., R.S., Ch. Texas Family Code - FAM 153.314 | FindLaw Acts 2009, 81st Leg., R.S., Ch. Sec. ORDER FOR FAMILY COUNSELING. 484 (H.B. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. (B) any other method of voluntary dispute resolution. 12, eff. 27, eff. September 1, 2017. PDF Exhibit A: Standard Possession Order - Texas Law Help (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. (c) It is preferable for all children in a family to be together during periods of possession. (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, 1995. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. September 1, 2021. 153.011. Sept. 1, 1995. 1936), 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 coordination. 1 (S.B. 2, eff. Added by Acts 1995, 74th Leg., ch. 13, eff. 2, eff. 22, eff. 153.601. 1, eff. (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. 153.608. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or (C) 1113 (H.B. April 20, 1995. 2, eff. 484 (H.B. Sec. September 1, 2009. 4, eff. Sec. 153.705. What Is Extended Summer Possession in Texas? - Law Office of Brett H Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 153.315. 555), Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. PDF Modified Possession and Access Order - Texas Law Help 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. (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. 421 (S.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 802, Sec. 1, eff. 1936), Sec. Added by Acts 1995, 74th Leg., ch. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled (6) is in the best interest of the child. 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.
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texas family code expanded standard possession order