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. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. 153.609. 4, eff. 1449), Sec. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Added by Acts 2011, 82nd Leg., R.S., Ch. 153.311. Added by Acts 1995, 74th Leg., ch. 3, eff. 495), Sec. 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. 153.610. 277 (H.B. Acts 2007, 80th Leg., R.S., Ch. 20, Sec. September 1, 2009. September 1, 2017. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. Amended by Acts 1997, 75th Leg., ch. 09-2021) Page 1 of 10 Standard Possession Order . Amended by Acts 1995, 74th Leg., ch. September 1, 2009. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1. Amended by Acts 1999, 76th Leg., ch. Sec. 12(1), eff. (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. CONSERVATORSHIP, POSSESSION, AND ACCESS. Acts 2007, 80th Leg., R.S., Ch. 9, eff. Holiday Possession Unaffected by Distance Parents Reside Apart 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. Sec. 1181 (H.B. (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. 1, eff. (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. Sec. April 20, 1995. (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. TEMPORARY ORDERS. 1181 (H.B. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. Acts 2005, 79th Leg., Ch. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. EQUAL POSSESSION NOT REQUIRED. 86 (S.B. 153.709. Sec. 2, eff. Amended by Acts 1995, 74th Leg., ch. (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. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. September 1, 2009. 9, eff. Sec. ABDUCTION PREVENTION MEASURES. 29, eff. 20, Sec. (c) Public funds may not be used to pay the fees of a parenting coordinator. 330, Sec. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 2, eff. 10, eff. 555), Sec. 5, eff. 751, Sec. 153.3721. 20, Sec. Acts 2021, 87th Leg., R.S., Ch. DUTY TO PROVIDE INFORMATION. 13, eff. 153.00715. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 1, 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. September 1, 2007. 1012), Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. 733 (H.B. 260), Sec. Acts 2009, 81st Leg., R.S., Ch. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. Acts 2015, 84th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 279), Sec. 3, eff. 153.607. 3, eff. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 8, eff. Acts 2007, 80th Leg., R.S., Ch. 20, Sec. 3, eff. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. Sec. June 18, 2005. GENERAL TERMS AND CONDITIONS. 153.551. 1012), Sec. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. (5) any other agreement between the parties that is approved by a court. 7, eff. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. 1 (S.B. September 1, 2013. 553), Sec. Amended by Acts 1995, 74th Leg., ch. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 1113 (H.B. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. Sec. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. Sept. 1, 2003. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Sec. Added by Acts 1995, 74th Leg., ch. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 153.371. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Sec. The Court ORDERS each conservator to obey this Standard Possession Order. Acts 2015, 84th Leg., R.S., Ch. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. 484 (H.B. Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. (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. 1, eff. 32, eff. 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. 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. ENFORCEMENT. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. Added by Acts 1995, 74th Leg., ch. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . 1 (S.B. September 1, 2007. (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. 20, Sec. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. (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). Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. 1113 (H.B. 153.255. Acts 2015, 84th Leg., R.S., Ch. 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. Acts 2007, 80th 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. 733 (H.B. 153.257. 1012), Sec. September 1, 2011. 1012), Sec. 1, eff. 153.015. September 1, 2015. (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. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. Acts 2017, 85th Leg., R.S., Ch. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and.
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