texas family code expanded standard possession order

April 2, 2015. 219), Sec. Texas Family Code Section 153.314 - Holiday Possession Unaffected by September 1, 2015. Sec. April 20, 1995. 228), Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. 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. QUALIFICATIONS OF PARENTING COORDINATOR. 1012), Sec. APPOINTMENT OF PARENTING FACILITATOR. Added by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 153.371. September 1, 2009. 1, eff. 1181 (H.B. September 1, 2005. (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. (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). A recommendation authorized by this subsection does not affect the terms of an existing court order. Sec. Sec. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 2, eff. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. 153.311. Amended by Acts 1995, 74th Leg., ch. September 1, 2007. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. September 1, 2018. April 20, 1995. 1, eff. (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. (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. 482 (H.B. Sept. 1, 1997. June 11, 2001. (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. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. Sec. September 1, 2013. (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. 1397, Sec. 421 (S.B. 3.01, eff. A record of the interview shall be part of the record in the case. 1012), Sec. 153.606. 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. Acts 2017, 85th Leg., R.S., Ch. 1156 (H.B. 1113 (H.B. Sec. (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. 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. 1. 112 (H.B. the child is under 3 and the noncustodial parent did not have frequent, ongoing . This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. (c) It is preferable for all children in a family to be together during periods of possession. Sec. 1, eff. MEANS OF TRAVEL. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. (f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation 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. (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. 236, 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. 20, Sec. Texas Family Code - FAM 153.317 | FindLaw 1864), Sec. Texas Family Law: Standard Possession Order vs Extended Standard 484 (H.B. Sec. 1, eff. 1.047, eff. Texas Law. Acts 2011, 82nd Leg., R.S., Ch. 153.072. Acts 2011, 82nd Leg., R.S., Ch. (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. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator 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 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. 2, eff. 1012), Sec. 153.005. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 555), Sec. The Court ORDERS that this Standard 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 Standard Possession Order is attached. Sept. 1, 2001. (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. 484 (H.B. 236, Sec. 1, eff. 330, Sec. 20, Sec. Sec. 1, eff. 1936), Sec. 20, Sec. 153.609. April 2, 2015. 20, Sec. Sept. 1, 1997. 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. (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. 967 (S.B. Sept. 1, 2003. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). 3, eff. Sec. (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. September 1, 2011. COMPENSATION OF PARENTING COORDINATOR. 577, Sec. Standard & Expanded Possession Order Calendar in Texas (2023) 260), Sec. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. Sec. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. Sec. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. REBUTTABLE PRESUMPTION. This subsection does not apply to suits filed under Chapter 262. September 1, 2007. Acts 2005, 79th Leg., Ch. 153.317. September 1, 2007. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (a) If the conservator without the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. 153.3171. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. (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. 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. 2, eff. (d) The standard possession order is designed to apply to a child three years of age or older. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 86(R) HB 1807 - House Committee Report version - Texas 1, eff. 1, eff. (6) has a criminal history or a history of violating court orders. 153.6091. (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. (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. 153.434. (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. 1113 (H.B. 9, eff. September 1, 2009. 1113 (H.B. (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). (2) be licensed in good standing as an attorney in this state. 1, eff. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 1 (S.B. 1113 (H.B. 1036, Sec. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. ALTERNATE DISPUTE RESOLUTION PROCEDURES. 1113 (H.B. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 17, 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. PUBLIC POLICY. 153.431. 33, eff. (c) Public funds may not be used to pay the fees of a parenting coordinator. Sec. Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. (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 September 1, 2007. (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). Added by Acts 1995, 74th Leg., ch. 20, Sec. BEST INTEREST OF CHILD. 1113 (H.B. An offense under this subsection is a Class C misdemeanor. (4) the right to direct the moral and religious training of the child. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. 751, Sec. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award.