6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 967 (S.B. 21, eff. 1, eff. (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. 1181 (H.B. 153.609. April 2, 2015. Sept. 1, 2003. 1167 (S.B. 1, eff. 153.434. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 802, Sec. DUTY TO PROVIDE INFORMATION. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2001. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. 153.702. 1, eff. 153.376. Added by Acts 1995, 74th Leg., ch. 936, Sec. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. 270), Sec. 252), Sec. Acts 2005, 79th Leg., Ch. Sec. September 1, 2005. 153.075. Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. (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. 153.6081. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 1036, Sec. April 20, 1995. 27, eff. VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION. (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) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. 817), Sec. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 7, eff. (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. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. Sec. 1, eff. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. 1, eff. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. September 1, 2009. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 20, Sec. 26, eff. Acts 2009, 81st Leg., R.S., Ch. 1, eff. 5, eff. Sec. 153.6061. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 949, Sec. 1 (S.B. 3, eff. 23, eff. 482 (H.B. 10, eff. 153.610. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. 2, eff. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. Acts 2007, 80th Leg., R.S., Ch. Sec. (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. (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. 555), Sec. Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. April 20, 1995. 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. Sec. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 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. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 751, Sec. 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. WEEKEND POSSESSION EXTENDED BY HOLIDAY. Added by Acts 1995, 74th Leg., ch. (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. June 18, 2005. September 1, 2009. 153.0071. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 153.074. 1088 (S.B. 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. 1. PARENTS WHO RESIDE 100 MILES OR LESS APART. September 1, 2009. September 1, 2007. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 1449), Sec. Added by Acts 1995, 74th Leg., ch. 153.252. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. 16, eff. 1036, Sec. Amended by Acts 1997, 75th Leg., ch. Sec. 1, eff. 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. September 1, 2009. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1, eff. (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. 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) 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. April 20, 1995. Sec. September 1, 2005. 20, Sec. 153.3101. 421 (S.B. 1181 (H.B. 1191 (H.B. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . No. 153.015. 2, eff. 1.043, eff. 1012), Sec. April 20, 1995. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Acts 2009, 81st Leg., R.S., Ch. (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. Acts 2021, 87th Leg., R.S., Ch. 2, eff. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. The agreement must state whether the arbitration is binding or non-binding. (c) It is preferable for all children in a family to be together during periods of possession. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. 11, eff. (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. CHILD LESS THAN THREE YEARS OF AGE. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Added by Acts 1995, 74th Leg., ch. 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. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (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. (6) has a criminal history or a history of violating court orders. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 1, eff. 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. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 12, eff. 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. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 277 (H.B. 1012), Sec. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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. 20, Sec. 1 (S.B. 2, eff. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. (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. Sec. We have offices in Fort Bend County, Matagorda County, and Wharton . 916 (H.B. 3, eff. Added by Acts 1995, 74th Leg., ch. (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. Sec. (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), (8), and (9). (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. September 1, 2011. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 50 miles or less. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. (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. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. September 1, 2017. Acts 2005, 79th Leg., Ch. The term does not include National Guard or Reserve annual training. 1, eff. EQUAL POSSESSION NOT REQUIRED. Added by Acts 1995, 74th Leg., 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. 219), Sec. 1. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. 1012), Sec. Amended by Acts 1995, 74th 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. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. Amended by Acts 1995, 74th Leg., ch. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. 555), Sec. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. Acts 2007, 80th Leg., R.S., Ch. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. Sept. 1, 2003. Sec. Acts 2015, 84th Leg., R.S., Ch. 555), Sec. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or.