(b) The court may not appoint a parenting facilitator 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 facilitator and the appointment is in the best interest of any minor child in the suit; and. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 3, eff. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 1, eff. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. (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. 1. Acts 2011, 82nd Leg., R.S., Ch. (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. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. Sec. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), and (8). Sec. 2, 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. 1012), Sec. (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. 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. (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. 1113 (H.B. 1181, Sec. 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. September 1, 2005. 153.6083. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 1, eff. 219), Sec. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. 279), Sec. 907 (H.B. April 2, 2015. (b) The report may not be admitted in evidence in a subsequent suit. April 20, 1995. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. April 20, 1995. Added by Acts 1995, 74th Leg., ch. 3, eff. April 20, 1995. Sept. 1, 2003. 1.049, eff. 1012), Sec. 20, Sec. Sec. Sept. 1, 2003. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 10, eff. 7, eff. (3-a) "Parenting facilitator" 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 153.6061 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 procedures that are not confidential; and. Acts 2009, 81st Leg., R.S., Ch. 153.311. GENERAL TERMS AND CONDITIONS. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. Sec. 1390, Sec. 27, eff. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. 1, eff. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. Sec. (3) a final protective order was rendered against a party. Sec. 153.6101. 1, eff. 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 April 20, 1995. (3) the terms and conditions of conservatorship and possession of and access to the child. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. Sept. 1, 1997; Acts 1999, 76th Leg., 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. 12(1), eff. 1, eff. 10, eff. 1 (S.B. 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. (2) the authority to exercise management and control of the suit. 937, Sec. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. Acts 2005, 79th Leg., Ch. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. The agreement must state whether the arbitration is binding or non-binding. Acts 2005, 79th Leg., Ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sec. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. Sept. 1, 1997. BEST INTEREST OF CHILD. Sec. 20, Sec. 153.193. 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. Acts 2011, 82nd Leg., R.S., Ch. 1237), Sec. 11, eff. Sec. 1036, Sec. The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child. 751, Sec. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. Added by Acts 1995, 74th Leg., ch. ABDUCTION RISK FACTORS. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. 14, eff. 1036, Sec. TITLE 5. 916 (H.B. Added by Acts 1995, 74th Leg., ch. April 20, 1995. 4, eff. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. 2, eff. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. Sec. 1, eff. 153.074. (2) provides that the child's primary residence shall be within a specified geographic area. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. (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, 2009. April 20, 1995. The court shall set the amount and condition the bond or security on compliance with the order. Added by Acts 2003, 78th Leg., ch. Sec. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. FACTORS FOR COURT TO CONSIDER. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 2, eff. 1, eff. RIGHTS OF PARENT AT ALL TIMES. September 1, 2005. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; (A) gives 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 days 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, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. 896 (H.B. September 1, 2007. (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. Amended by Acts 1995, 74th Leg., ch. 12, eff. 555), Sec. (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. 20, Sec. 153.313. 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. September 1, 2017. 11(2), eff. 153.002. 1012), Sec. ALTERNATE DISPUTE RESOLUTION PROCEDURES. Designation of Conservators 219), Sec. Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. MEANS OF TRAVEL. 751, Sec. 99 (S.B. After an objection is filed, a parenting coordinator 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. They will not automatically be granted their preferred custody arrangement as the court still must rule . QUALIFICATIONS OF PARENTING FACILITATOR. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). INTERVIEW OF CHILD IN CHAMBERS. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Sec. April 20, 1995. 1.045, eff. EXPEDITED HEARING. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER B. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 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 court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 236, Sec. TEMPORARY ORDERS. 20, Sec. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. 1088 (S.B. Sept. 1, 1999. 149), Sec. Added by Acts 2005, 79th Leg., Ch. Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (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. (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. 20, Sec. Added by Acts 1995, 74th Leg., ch. 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. 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. September 1, 2019. 1012), Sec. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. This subsection does not apply to suits filed under Chapter 262. (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. (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. (13) any other evidence of the best interest of the child. 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. Acts 2009, 81st Leg., R.S., Ch. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. Acts 2007, 80th Leg., R.S., Ch. 1041 (H.B. 586, Sec. POSSESSION OF OR ACCESS TO GRANDCHILD. 1, eff. 153.312. 1113 (H.B. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. 421 (S.B. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. 1036, Sec. 1, eff. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. Amended by Acts 1999, 76th Leg., ch. 1113 (H.B. 153.432. 561, Sec. June 17, 2011. 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. September 1, 2005. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 1113 (H.B. (B) any other method of voluntary dispute resolution. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives 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 days 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, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. (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. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. EQUAL POSSESSION NOT REQUIRED. 751, Sec. 555), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. September 1, 2009. 1012), Sec. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or Sec. (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). Sec. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 153.6031. 153.377. (d) The parenting facilitator may not modify any order, judgment, or decree. (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. 153.134. (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. 7, eff. 3, eff. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. CONSERVATORSHIP, POSSESSION, AND ACCESS. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 1, eff. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. Acts 2005, 79th Leg., Ch. The term does not include National Guard or Reserve annual training. 330, Sec. Sec. Acts 2021, 87th Leg., R.S., Ch. 11, eff. April 20, 1995. 1397, Sec. 153.006. Added by Acts 1995, 74th Leg., ch. 4, eff. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. (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. 26, eff. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. 153.0071. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. Amended by Acts 1995, 74th Leg., ch. 1012), Sec. 21, eff. Sec. September 1, 2007. (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.