(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) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. (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. 1181 (H.B. RIGHTS OF PARENT AT ALL TIMES. 35, eff. DEFINITIONS. Acts 2009, 81st Leg., R.S., Ch. Sec. 1, eff. (c) In a suit described by Subsection (a), the person filing the suit must execute and attach an affidavit on knowledge or belief that contains, along with supporting facts, the allegation that denial of possession of or access to the child by the petitioner would significantly impair the child's physical health or emotional well-being. September 1, 2011. 20, Sec. September 1, 2011. WEEKEND POSSESSION EXTENDED BY HOLIDAY. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2003. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. September 1, 2015. (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. (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. 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. 1113 (H.B. 153.6081. 1. 153.012. Sept. 1, 1999. June 18, 2005. 219), Sec. Acts 2009, 81st Leg., R.S., Ch. 3203), Sec. Texas Family Code - FAM 153.317. Sec. 358 (H.B. TEMPORARY ORDERS. September 1, 2019. Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 577, Sec. Sec. 482 (H.B. September 1, 2009. Sec. 2, eff. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. Sec. 12, eff. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. Added by Acts 1995, 74th Leg., ch. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. 153.073. 645, Sec. 1036, Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2009. 3, eff. Sec. September 1, 2009. Amended by Acts 1997, 75th Leg., ch. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. Acts 2005, 79th Leg., Ch. (3) the terms and conditions of conservatorship and possession of and access to the child. 1, eff. September 1, 2017. Added by Acts 1995, 74th Leg., ch. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. (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. 1, eff. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. 1, eff. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam. 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. 20, Sec. 153.431. (b) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. 26, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 330, Sec. September 1, 2019. Sec. 9, eff. 482 (H.B. 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. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. Sept. 1, 1999; Acts 2003, 78th Leg., ch. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 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. 153.703. 495), Sec. September 1, 2009. (3) any other factor the court considers appropriate. (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. 3, eff. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. 2, eff. 9, Sec. (c) The parenting coordinator may not modify any order, judgment, or decree. 1, eff. 1237), Sec. 1, eff. A recommendation authorized by this subsection does not affect the terms of an existing court order. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. 20, Sec. 219), Sec. 153.602. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. (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. 28, eff. 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. September 1, 2005. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. BEST INTEREST OF CHILD. Sec. Added by Acts 1995, 74th Leg., ch. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. Added by Acts 2007, 80th Leg., R.S., Ch. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. Sept. 1, 1995. 16, eff. 219), Sec. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. September 1, 2013. 1041 (H.B. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. 1, eff. Sept. 1, 1995. September 1, 2009. 3203), Sec. 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. 20, Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. 936, Sec. 261), Sec. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. Acts 2005, 79th Leg., Ch. 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. 733 (H.B. 20, Sec. 252), Sec. September 1, 2007. 153.072. June 18, 2005. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. Sec. Sec. 561, Sec. 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. (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. 153.371. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). (2) that the agreement is not in the child's best interest. (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.
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