2, eff. The Court ORDERS each conservator to obey this Standard Possession Order. 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. WEEKEND POSSESSION EXTENDED BY HOLIDAY. 153.705. 153.431. Acts 2009, 81st Leg., R.S., Ch. 751, Sec. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. Acts 2017, 85th Leg., R.S., 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. 9, Sec. 555), Sec. Sec. April 20, 1995. 1.043, eff. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 16, eff. 1. 751, Sec. April 20, 1995. 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. 219), Sec. Sept. 1, 2003. Added by Acts 1995, 74th Leg., ch. (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. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. Sec. 2, eff. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. Sec. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. (2) through an oral statement made in open court on the record. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. ACCESS TO CHILD'S RECORDS. 561, Sec. Acts 2017, 85th Leg., R.S., Ch. (5) any other agreement between the parties that is approved by a court. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 153.009. 5, eff. 30, eff. 236, Sec. 20, Sec. 11, eff. Acts 2005, 79th Leg., Ch. 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. (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). 153.012. 1, eff. Sec. 86 (S.B. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. April 20, 1995. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. Sec. 555), Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. Sec. 1113 (H.B. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. Sec. 20, Sec. 1012), Sec. 555), Sec. They will not automatically be granted their preferred custody arrangement as the court still must rule . DEFINITIONS. 421 (S.B. 1181 (H.B. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 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. (6) has a criminal history or a history of violating court orders. 612, Sec. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. Acts 2007, 80th Leg., R.S., Ch. 10, eff. (a) If the conservator with 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 render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. 33, eff. (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. (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. Sec. 10, eff. 916 (H.B. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 11(2), eff. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 153.314 Texas Family Code - FAM 153.314. 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. 1289, Sec. 16, eff. 2. Acts 2009, 81st Leg., R.S., Ch. 949, Sec. 1012), Sec. 11, eff. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 1, eff. Acts 2005, 79th Leg., Ch. (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. September 1, 2009. 153.135. 1, eff. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. (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. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. Sept. 1, 2003. 20, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. September 1, 2013. Sept. 1, 1995. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 916 (H.B. 1228), Sec. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. September 1, 2007. (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. (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. 1012), Sec. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. April 20, 1995. Sec. Sec. ENFORCEMENT. PARENTS WHO RESIDE OVER 100 MILES APART. Acts 2013, 83rd Leg., R.S., Ch. 153.192. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. 153.191. 277 (H.B. Acts 2007, 80th Leg., R.S., Ch. June 17, 2011. Sec. 774, Sec. 1. 13, eff. (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. (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. April 20, 1995. (b) A nonparent possessory conservator has any other right or duty specified in the order. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. 112 (H.B. 14, eff. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. 1, eff. April 2, 2015. 7, eff. 9, eff. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. Acts 2005, 79th Leg., Ch. 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. 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. 153.072. Added by Acts 2009, 81st Leg., R.S., Ch. 1.048, eff. 1191 (H.B. 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. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 484 (H.B. 1012), Sec. 153.375. September 1, 2017. 1181 (H.B. April 20, 1995. (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. 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. (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. Sec. 967 (S.B. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. 1.046, eff. (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. 7, eff. Sec. 1.045, eff. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 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. 153.603. Designation of Conservators REPORT OF PARENTING FACILITATOR. 3, eff. 1012), Sec. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 20, Sec. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 936, Sec. AGREEMENT. 1, eff. Sec. 1012), Sec. 786, Sec. 1, eff. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. Acts 2005, 79th Leg., Ch. Amended by Acts 1999, 76th Leg., ch. GENERAL TERMS AND CONDITIONS. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 751, Sec. 1, eff. September 1, 2017. 153.256. Amended by Acts 1997, 75th Leg., ch.