153.3171. Acts 2009, 81st Leg., R.S., Ch. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. Acts 2015, 84th Leg., R.S., Ch. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. The standard possession order options available to parents can change based on how far you live from one another. Added by Acts 1995, 74th Leg., ch. June 18, 2005. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 1.048, eff. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. A record of the interview shall be part of the record in the case. 1216), Sec. Acts 2007, 80th Leg., R.S., Ch. 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. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 153.6061. 7, eff. September 1, 2005. (2) be licensed in good standing as an attorney in this state. (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. September 1, 2009. Added by Acts 1999, 76th Leg., ch. 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. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. 1228), Sec. Acts 2009, 81st Leg., R.S., Ch. 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. 20, Sec. September 1, 2009. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. June 14, 2019. April 2, 2015. POLICY AND GENERAL APPLICATION OF GUIDELINES. The term does not include National Guard or Reserve annual training. 1, eff. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. 1, eff. 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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (3) "Parenting coordinator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.606 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures; and. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (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. 967 (S.B. 936, Sec. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. April 20, 1995. September 1, 2005. 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. 1, eff. Sept. 1, 1999. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 916 (H.B. September 1, 2011. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. Acts 2011, 82nd Leg., R.S., Ch. APPOINTMENT OF PARENTING COORDINATOR. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. 236, Sec. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1113 (H.B. 20, Sec. 2, eff. 20, Sec. Amended by Acts 1995, 74th Leg., ch. 1181 (H.B. 153.602. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 153.076. 1, eff. Sept. 1, 1999. 153.254. 751, Sec. Acts 2009, 81st Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 3, 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. Added by Acts 1995, 74th Leg., ch. April 20, 1995. 1113 (H.B. 153.502. 153.611. September 1, 2007. COMPENSATION OF PARENTING COORDINATOR. Acts 2013, 83rd Leg., R.S., Ch. 27, eff. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 1012), Sec. Sept. 1, 2003. 153.503. (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. 1113 (H.B. Sept. 1, 2001. Acts 2005, 79th Leg., Ch. Sec. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Acts 2005, 79th Leg., Ch. 7, eff. 1 (S.B. 9, eff. 2, eff. Added by Acts 1995, 74th Leg., ch. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. COMPENSATION OF PARENTING FACILITATOR. (2) if the parents are or will be separated, shall appoint at least one managing conservator. The report must be limited to a statement of whether the parenting coordination should continue. 1193, Sec. (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. 1, eff. (a) 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, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. Added by Acts 1995, 74th Leg., ch. September 1, 2017. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. (b) The court shall specify in the order the rights that a parent retains at all times. (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. 1113 (H.B. 482 (H.B. September 1, 2009. 1113 (H.B. 117 (S.B. Sec. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. Sec. 11(2), eff. Sec. (C) maintain possession of the child's passport. (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. Sec. September 1, 2017. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children.

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