Sec. Sec. (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. September 1, 2015. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. Amended by Acts 1995, 74th Leg., ch. 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. Sept. 1, 1999. (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. 12, eff. CHILD LESS THAN THREE YEARS OF AGE. Sept. 1, 1999. 1, eff. Sec. September 1, 2013. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. (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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1228), Sec. Texas Family Code - FAM 153.317. 1351, Sec. Sec. 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. 20, Sec. 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. 20, Sec. 153.311. Sec. (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. SECURITY BOND. 1036, Sec. 1936), Sec. September 1, 2009. (c) 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 without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (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 person has possession of the child; and. September 1, 2019. (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. (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.
New Visitation Law in Texas Added 50-Mile Category September 1 Texas Family Code - FAM 153.314 | FindLaw Sec. April 20, 1995. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. 2, eff. 1, eff. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 153.013. 555), Sec. 20, Sec. September 1, 2007. 3, eff. 1228), Sec. 9, eff. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. (2) "Family violence" has the meaning assigned by Section 71.004. 1036, Sec. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. 1, eff. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. 3, eff. 6, eff. 1, eff. COMPENSATION OF PARENTING COORDINATOR. 33, eff. September 1, 2005. (c) 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. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. Acts 2011, 82nd Leg., R.S., Ch. 1181 (H.B. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 15, eff. 1, eff. 733 (H.B. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 751, Sec. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. 1181 (H.B. (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. (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. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 4, eff. 1012), Sec. 550), Sec. 9, Sec. September 1, 2007. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 05-9107, June 13, 2005). 1191 (H.B. Added by Acts 1995, 74th Leg., ch. 153.602. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 5, eff. Added by Acts 2007, 80th Leg., R.S., Ch. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. APPOINTMENT OF POSSESSORY CONSERVATOR. 3, eff. EXPEDITED HEARING. Sec. 907 (H.B. 153.0071. 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). (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. 1 (S.B. PARENTS WHO RESIDE OVER 100 MILES APART. 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. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to 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. (c) Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. Acts 2011, 82nd Leg., R.S., Ch. 751, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 1181, Sec. September 1, 2019. September 1, 2009. 1181 (H.B. APPOINTMENT OF PARENTING FACILITATOR. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html Added by Acts 2005, 79th Leg., Ch. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. The court shall set the amount and condition the bond or security on compliance with the order. (4) the right to direct the moral and religious training of the child. 4, eff. September 1, 2009. 153.256. 153.254.
86(R) HB 1807 - House Committee Report version - Texas (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. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. 1012), Sec. 252), Sec. (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. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. 8, eff. Designation of Conservators . 1, eff. 2, eff. 153.609. Acts 2011, 82nd Leg., R.S., Ch. 1397, Sec. 1, eff. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. Acts 2009, 81st Leg., R.S., Ch. 25, eff. 1, eff. 1, eff. POSSESSION OF OR ACCESS TO GRANDCHILD. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. (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. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 484 (H.B. 2, eff. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. June 18, 2005. 236, Sec. 9, eff. 555), Sec. 153.709. 86 (S.B. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 936, Sec. 2, eff. Sec. 2, eff. Acts 2005, 79th Leg., Ch. 1036, Sec. MEANS OF TRAVEL.
PDF Exhibit A: Standard Possession Order - Texas Law Help VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. 555), Sec. 1, eff. Sec. 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. September 1, 2013. 1012), Sec. 1, eff. 24, eff. (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. (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. 219), Sec. (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. Added by Acts 2021, 87th Leg., R.S., Ch. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 1113 (H.B. 1036, 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. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday 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 Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. 967 (S.B. Sec. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. 8, eff. 555), Sec. 642, Sec. September 1, 2007. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 7, eff. Acts 2011, 82nd Leg., R.S., Ch. Sec. September 1, 2009. 1012), Sec. 751, Sec. A record of the interview shall be part of the record in the case.
FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas (a) 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, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. 20, Sec. 12, eff. 2, eff. September 1, 2017. Amended by Acts 1999, 76th Leg., ch. (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. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Sec. 555), 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. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. Sec. 30, eff. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Acts 2013, 83rd Leg., R.S., Ch. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 1193, Sec. Added by Acts 1995, 74th Leg., ch. (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). Amended by Acts 1995, 74th Leg., ch. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. September 1, 2015. September 1, 2007. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 153.434. April 20, 1995. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (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. 35, eff. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. 555), Sec. 896 (H.B. 153.312. 153.006. Acts 2021, 87th Leg., R.S., Ch. 153.375. 682 (H.B. 153.258. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., 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. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. June 14, 2019. Sec. 4, eff. 153.007. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE.