99 (S.B. 1. DEFINITIONS. 1.043, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. September 1, 2005. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 14, eff. Acts 2015, 84th Leg., R.S., Ch. (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. 1228), Sec. Added by Acts 1995, 74th Leg., ch. 3, eff. 219), Sec. Added by Acts 1995, 74th Leg., ch. 153.193. 153.256. Sept. 1, 1995. 682 (H.B. Amended by Acts 1995, 74th Leg., ch. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Sec. Amended by Acts 1997, 75th Leg., ch. Acts 2005, 79th Leg., Ch. 1404), Sec. Acts 2015, 84th Leg., R.S., Ch. RIGHTS OF PARENT AT ALL TIMES. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. (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. 1, eff. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. Sec. September 1, 2009. 153.192. EQUAL POSSESSION NOT REQUIRED. 153.258. 1, eff. 1, eff. 916 (H.B. Sec. (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. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. September 1, 2009. SUIT FOR ACCESS. (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. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. Acts 2009, 81st Leg., R.S., Ch. (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. 6, eff. September 1, 2015. 20, Sec. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. Sec. 1113 (H.B. (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. Sec. RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR. 949, Sec. 4, eff. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 1036, Sec. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. (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). Sec. Docket No. 1, eff. Amended by Acts 1995, 74th Leg., ch. (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. 219), Sec. 252), Sec. (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. 5, eff. 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. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. 484 (H.B. Sept. 1, 2003. 153.131. Sept. 1, 2003. 1. (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. (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. 1, eff. 270), Sec. 260), Sec. Sec. June 17, 2011. Amended by Acts 1995, 74th Leg., ch. Sec. 1, eff. 751, Sec. (b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child. QUALIFICATIONS OF PARENTING COORDINATOR. 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. 555), Sec. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. TEMPORARY ORDERS. 967 (S.B. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 936, Sec. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. 29, eff. FACTORS FOR COURT TO CONSIDER. Acts 2009, 81st Leg., R.S., Ch. 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. (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. April 20, 1995. 153.132. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. 3, eff. Sept. 1, 1997. 1, eff. 25, eff. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Sec. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. Added by Acts 1995, 74th Leg., ch. 1012), Sec. (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. 153.375. Sec. 5, eff. Added by Acts 1995, 74th Leg., ch. 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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. June 14, 2019. 1012), Sec. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or (C) REPORT OF PARENTING FACILITATOR. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . Sec. Acts 2009, 81st Leg., R.S., Ch. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. 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. 3145), Sec. 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. April 2, 2015. (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. 1036, Sec. 31, eff. (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. 1, eff. (3) any other factor the court considers appropriate. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. 9, eff. 1, eff. September 1, 2005. 260), Sec. September 1, 2011. 5, eff. (b) The court shall specify in the order the rights that a parent retains at all times. April 2, 2015. 555), Sec. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting coordination. Amended by Acts 1995, 74th Leg., ch. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 1036, Sec. 1, eff. 219), Sec. 149), Sec. 1, eff. 751, Sec. 1, eff. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. (B) the award of additional periods of possession of or access to the child is in the best interest of the child.

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