153.707. 1.047, eff. PDF Standard Possession Order - Texas Law Help 907 (H.B. 153.138. 15, eff. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 4, eff. April 2, 2015. 2021 Standard Possession Order - Houston Divorce Lawyer 1012), Sec. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 20, Sec. 845), Sec. Acts 2007, 80th Leg., R.S., Ch. (b) A grandparent may request possession of or access to a grandchild in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. 153.501. Acts 2005, 79th Leg., Ch. 219), Sec. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. September 1, 2009. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. COMPENSATION OF PARENTING FACILITATOR. 153.313. Amended by Acts 1995, 74th Leg., ch. Sec. Amended by Acts 1999, 76th Leg., ch. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. What Is Extended Summer Possession in Texas? - Law Office of Brett H Sec. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (2) through an oral statement made in open court on the record. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 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. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. 17, eff. 3, eff. 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. Texas Family Code - FAM 153.317. 153.315. 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. Acts 2011, 82nd Leg., R.S., Ch. 1181 (H.B. Acts 2005, 79th Leg., Ch. 1, eff. The agreement must state whether the arbitration is binding or non-binding. 1.049, eff. 1113 (H.B. 1237), Sec. Amended by Acts 1995, 74th Leg., ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. September 1, 2007. Sec. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 6, eff. 153.603. Sec. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. (d) The standard possession order is designed to apply to a child three years of age or older. (d) A mediated settlement agreement is binding on the parties if the agreement: (1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation; (2) is signed by each party to the agreement; and. (2) if the parents are or will be separated, shall appoint at least one managing conservator. SUBCHAPTER B. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html Sept. 1, 1997. Sec. 1012), Sec. Sec. 972 (S.B. 751, Sec. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . CHILD LESS THAN THREE YEARS OF AGE. September 1, 2009. 153.191. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. Sec. 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 112 (H.B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. Acts 2015, 84th Leg., R.S., Ch. (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. 1864), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) The court shall specify in the order the rights that a parent retains at all times. 555), Sec. 550), Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and. Acts 2017, 85th Leg., R.S., Ch. 1181 (H.B. (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. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. (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. 261), Sec. (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. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. 8, eff. 1012), Sec. Sept. 1, 2003. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. 1.048, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2017. Sec. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. 1, eff. 277 (H.B. Sec. Acts 2007, 80th Leg., R.S., Ch. 228), Sec. 153.258. 7, eff. 13, eff. Texas Family Code Section 153.317 - Alternative Beginning and Ending (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). 20, Sec. ENFORCEMENT. What Exactly is a Standard Possession Order - McNamara Law Office Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. April 20, 1995. 219), Sec. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. 50 Miles Apart or Less | Office of the Attorney General 153.372. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. BEST INTEREST OF CHILD. A record of the interview shall be part of the record in the case. Acts 2005, 79th Leg., Ch. 153.702. PARENTS WHO RESIDE OVER 100 MILES APART. Added by Acts 2009, 81st Leg., R.S., Ch. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. (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. 20, Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. (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. 153.131. 1, eff. (C) maintain possession of the child's passport. 153.314 . Amended by Acts 1997, 75th Leg., ch. 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. (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. 482 (H.B. 1041 (H.B. 153.071. Sec. September 1, 2015. April 20, 1995. 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. 7, eff. Sept. 1, 1999. 117 (S.B. 1036, Sec. April 20, 1995. 1012), Sec. 1113 (H.B. Sept. 1, 1997. (B) any other method of voluntary dispute resolution. 1012), Sec. 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 3145), Sec. The term does not include National Guard or Reserve annual training. 153.708. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. DUTIES OF PARENTING FACILITATOR. They will not automatically be granted their preferred custody arrangement as the court still must rule . Sec. Sec. 2, eff. (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. SUBCHAPTER I. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 86 (S.B. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. 1113 (H.B. Amended by Acts 1999, 76th Leg., ch. 751, Sec. AGREED PARENTING PLAN. Sec. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. Sec. (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. 3, eff. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. Sept. 1, 2003. 936, Sec. (3-a) "Parenting facilitator" 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 153.6061 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 procedures that are not confidential; and. 1, eff. (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). 18, eff. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. (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. 252), Sec. June 11, 2001. Sec. Acts 2009, 81st Leg., R.S., Ch. (3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations; (4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation; (5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday; (6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend; (7) for Mother's Day periods of possession under Section 153.314(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, (8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or.