texas family code expanded standard possession order

(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. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. (e) It is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by: (2) any person who resides in that parent's household or who is permitted by that parent to have unsupervised access to the child during that parent's periods of possession of or access to the child. Sec. 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. June 15, 2007. This subsection does not apply to suits filed under Chapter 262. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (d) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. 9, eff. 153.6082. 153.709. September 1, 2009. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 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; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. (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. Added by Acts 1995, 74th Leg., ch. 2. 1404), Sec. 20, Sec. Sept. 1, 2003. Understanding the Texas Standard Possession Order (SPO) and Expanded 1, eff. Sec. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may award visitation with the child to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child. (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. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. Sec. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. 153.075. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. CONSERVATORSHIP, POSSESSION, AND ACCESS. New Visitation Law in Texas Added 50-Mile Category September 1 153.006. (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. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 1999, 76th Leg., ch. September 1, 2009. Acts 2005, 79th Leg., Ch. Acts 2005, 79th Leg., Ch. 1036, Sec. (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. 555), Sec. (b) The court may not appoint a parenting facilitator 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 facilitator and the appointment is in the best interest of any minor child in the suit; and. 1. Sept. 1, 2003. (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. 11, eff. Sec. Sec. Sec. September 1, 2015. Sec. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. Added by Acts 2021, 87th Leg., R.S., Ch. Designation of Conservators . June 20, 2003. Acts 2005, 79th Leg., Ch. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Added by Acts 2009, 81st Leg., R.S., Ch. 20, Sec. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. (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) The parenting coordinator may not modify any order, judgment, or decree. 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. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (c) Repealed by Acts 2017, 85th 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. 3, eff. 1397, Sec. (f) In determining under this section whether there is credible evidence of a history or pattern of past or present child neglect or abuse or family violence by a parent or other person, as applicable, the court shall consider whether a protective order was rendered under Chapter 85, Title 4, against the parent or other person during the two-year period preceding the filing of the suit or during the pendency of the suit. DEFINITIONS. 20, Sec. Texas Family Code Sec. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. Added by Acts 1995, 74th Leg., ch. 1012), Sec. 1 (S.B. Sec. September 1, 2013. Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos PARENTS WHO RESIDE OVER 100 MILES APART. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Added by Acts 1995, 74th Leg., ch. September 1, 2017. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. REPORT OF PARENTING COORDINATOR. 153.312. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 20, Sec. 1012), Sec. Texas Standard Possession Order| New 50-Mile Category [2022] Acts 2005, 79th Leg., Ch. 1181 (H.B. Amended by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the 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. Sec. SUIT FOR ACCESS. 153.6083. 1 (S.B. 916 (H.B. ABDUCTION RISK FACTORS. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 12(1), eff. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. September 1, 2021. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 219), Sec. (6) is in the best interest of the child. (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. (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. 916 (H.B. (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. 153.610. Texas Family Code - FAM 153.317. A recommendation authorized by this subsection does not affect the terms of an existing court order. (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. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 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. Sec. The Standard Possession Order is known as the "default" schedule. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. September 1, 2009. 17, eff. Acts 2009, 81st Leg., R.S., Ch. Sec. Sec. 31, eff. 733 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. The duties of the parenting coordinator are limited to matters that will aid the parties in: (4) exploring possibilities for problem solving; (5) developing methods of collaboration in parenting; (6) understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; (7) complying with the court's order regarding conservatorship or possession of and access to the child; (9) obtaining training regarding problem solving, conflict management, and parenting skills; and. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. 153.6102. Acts 2015, 84th Leg., R.S., Ch. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 26, eff. 28, eff. 1113 (H.B. 1036, Sec. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. 896 (H.B. 153.314. 153.257. Acts 2015, 84th Leg., R.S., Ch. 12(1), eff. from the primary residence of the child/ren. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 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 managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning 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; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. 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. Sec. April 2, 2015. (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. (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. (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. 153.192. Sec. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. 86(R) HB 1807 - House Committee Report version - Texas 18, eff. Sec. 421 (S.B. (B) any other method of voluntary dispute resolution. 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. September 1, 2007. 1.043, eff. Sept. 1, 2003. September 1, 2007. September 1, 2007. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: (1) the age, developmental status, circumstances, needs, and best interest of the child; (2) the circumstances of the managing conservator and of the parent named as a possessory conservator; and. Added by Acts 2005, 79th Leg., Ch. 555), Sec. TEMPORARY ORDERS. 24, eff. (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. Added by Acts 2005, 79th Leg., Ch. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Added by Acts 2009, 81st Leg., R.S., Ch. 35, eff. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). (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. 1.049, eff. Amended by Acts 1997, 75th Leg., ch. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. September 1, 2011. (b) The court shall specify in the order the rights that a parent retains at all times. 153.074. 495), Sec. (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. 178, Sec. PDF Exhibit A: Standard Possession Order - Texas Law Help Acts 2011, 82nd Leg., R.S., Ch. (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. June 18, 2005. 1036, Sec. PDF Standard Possession Order - Texas Law Help DUTIES OF PARENTING COORDINATOR. 1 (S.B. 153.433. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. 20, 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 facilitation. Sept. 1, 1999. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 153.010. 153.605. 1193, Sec. 11, eff. Sec. 1, eff. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 9, Sec. 967 (S.B. 3203), Sec. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. 153.503. (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. Acts 2015, 84th Leg., R.S., Ch. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Parenting Time Schedule | Office of the Attorney General 1036, Sec. 967 (S.B. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Added by Acts 2001, 77th Leg., ch. 1113 (H.B. Texas Family Code Section 153.314 - Holiday Possession Unaffected by September 1, 2009. 2, eff. Sec. 153.374. Added by Acts 1995, 74th Leg., ch. 27, eff. 787, Sec. 153.131. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. 7, eff. Sec. September 1, 2011. 2, eff. (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. 1181 (H.B. Added by Acts 1995, 74th Leg., ch. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 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. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator 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. 153.6081. APPOINTMENT OF PARENTING FACILITATOR. What Exactly is a Standard Possession Order - McNamara Law Office COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 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.

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