949, Sec. (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. Sec. 1113 (H.B. (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. 14, eff. 25, eff. 1, eff. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. ABDUCTION PREVENTION MEASURES. 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. September 1, 2011. 260), Sec. Acts 2013, 83rd Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 153.503. 1012), Sec. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. 20, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2007. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 845), Sec. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. 153.252. Sec. (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. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. Sec. September 1, 2009. 3145), Sec. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. Designation of Conservators MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. (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. Acts 2009, 81st Leg., R.S., Ch. 1012), 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. 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. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child. (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. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 153.551. Added by Acts 2009, 81st Leg., R.S., Ch. 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. 153.3171. 19, eff. Acts 2007, 80th Leg., R.S., Ch. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 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. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. Added by Acts 1995, 74th Leg., ch. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 153.704. 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 September 1, 2009. April 2, 2015. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. 2, eff. (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. (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. September 1, 2021. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 555), Sec. 153.431. April 2, 2015. 1088 (S.B. (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. April 20, 1995. 8, eff. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 10, eff. 9, Sec. 482 (H.B. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 1113 (H.B. 2, eff. MEANS OF TRAVEL. 1, eff. 1036, Sec. 1181 (H.B. 153.192. 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. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 555), Sec. 11, eff. APPOINTMENT OF POSSESSORY CONSERVATOR. DEFINITIONS. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Sec. 1, eff. 3, eff. (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. Amended by Acts 2003, 78th Leg., ch. September 1, 2013. September 1, 2009. Sec. Sec. June 11, 2001. 1.044, eff. (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. 1449), Sec. April 20, 1995. (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. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. June 17, 2011. Acts 2007, 80th Leg., R.S., Ch. Texas Family Code - FAM 153.317. (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. 1036, Sec. 1113 (H.B. 2, eff. Texas Family Law: Standard Possession Order vs Extended Standard Possession Order The term "Standard Possession Order" in Texas is used to describe the default visitation schedule given to a non-custodial parent in a divorce or a Suit Affecting the Parent-Child Relationship. 1, 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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. 4, eff. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Sept. 1, 2003. 22, eff. Added by Acts 1995, 74th Leg., ch. 153.133. 117 (S.B. Sept. 1, 2003. 1, eff. 1, eff. 555), Sec. 153.502. (c) The parenting coordinator may not modify any order, judgment, or decree. (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.
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