(ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered; (4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled; (5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession; (6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned; (7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period; (8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and. 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. 1036, Sec. 261), Sec. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 482 (H.B. 260), Sec. 482 (H.B. September 1, 2007. September 1, 2009. (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. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). 1289, Sec. 20, Sec. In this subchapter: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or. 845), Sec. Sec. family violence concerns. 153.317. Sec. Sec. 11(2), eff. 1166 (S.B. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. 484 (H.B. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. Added by Acts 2009, 81st Leg., R.S., Ch. 20, Sec. 153.005. 153.6071. 219), Sec. Added by Acts 2009, 81st Leg., R.S., 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. Sec. Sept. 1, 1999. (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. June 18, 2005. 20, Sec. 153.6031. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 751, Sec. 20, eff. 550), Sec. 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. 153.6061. (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. (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. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. September 1, 2009. Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. 153.6101. (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. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9). 29, eff. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. Amended by Acts 1997, 75th Leg., ch. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. Added by Acts 1995, 74th Leg., ch. 4, eff. 2, eff. 20, Sec. September 1, 2019. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 1012), Sec.
Texas Standard Possession Order| New 50-Mile Category [2022] (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. 1012), Sec. 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. 484 (H.B. April 20, 1995. 20, Sec. 3203), Sec. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. September 1, 2021. 8, eff. TCLL - FM-Chil-306 Standard Possession Order (Rev. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2021. 1012), Sec. 153.6102. Acts 2005, 79th Leg., Ch. 99 (S.B. Sec. 219), Sec. 1. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. 1, eff. (c) 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. Sec. Sept. 1, 1997. 153.314. Sept. 1, 2001. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1 (S.B. 1012), Sec. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. 277 (H.B. 9, eff. Sec. Amended by Acts 1999, 76th Leg., ch. (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. 1113 (H.B. (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. 20, Sec. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. (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. 1, eff. 27, eff. 3.01, eff. April 20, 1995. 219), Sec. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. COMPENSATION OF PARENTING FACILITATOR. 421 (S.B. Sept. 1, 2003. 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. 1, eff. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. 1237), Sec. 20, Sec. 153.314 Texas Family Code - FAM 153.314. 781, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1999. (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and any other right or duty expressly granted to the possessory conservator in the order. Amended by Acts 2003, 78th Leg., ch. September 1, 2009. Added by Acts 1995, 74th Leg., ch. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. 153.602. 751, Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1, eff. 153.707. 421 (S.B. 1036, Sec. 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 . (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . Acts 2005, 79th Leg., Ch. (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. 153.312. Added by Acts 1995, 74th Leg., ch. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 3, eff. Acts 2007, 80th Leg., R.S., Ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. 20, Sec. 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. Added by Acts 2021, 87th Leg., R.S., Ch. 1041 (H.B. (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. 1. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1997. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 153.433. We have offices in Fort Bend County, Matagorda County, and Wharton . 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. 1 (S.B. 153.192. Sec. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). Acts 2007, 80th Leg., R.S., Ch. 949, Sec. 20, Sec. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. 1036, Sec. TEMPORARY ORDERS. Sec. (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. (2) provides that the child's primary residence shall be within a specified geographic area. REPORT OF PARENTING FACILITATOR. Acts 2009, 81st Leg., R.S., Ch. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. April 20, 1995. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 907 (H.B. Sec. 20, Sec. September 1, 2007. (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. Acts 2015, 84th Leg., R.S., Ch.
Standard & Expanded Possession Order Calendar in Texas (2023) 15, eff. Acts 2021, 87th Leg., R.S., Ch. 1036, Sec. Sec. 153.603. 1113 (H.B. Amended by Acts 1997, 75th Leg., ch. 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. After an objection is filed, a parenting facilitator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. 751, Sec. September 1, 2015. Sec. 261), Sec. 751, Sec. Sec. 153.074. Amended by Acts 1997, 75th Leg., ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch.
Standard Possession Order and Parenting Time | Texas Access 10, eff. 3, eff. Acts 2019, 86th Leg., R.S., Ch. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator. Added by Acts 1995, 74th Leg., ch. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 1012), Sec.
Texas Family Code Section 153.314 - Holiday Possession Unaffected by FACTORS FOR COURT TO CONSIDER. Added by Acts 2007, 80th Leg., R.S., Ch. (3) a final protective order was rendered against a party. (d) The parenting facilitator may not modify any order, judgment, or decree. Added by Acts 2009, 81st Leg., R.S., Ch. 153.610. 1012), Sec. 34, eff. 153.607. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives 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 42 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; or. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. QUALIFICATIONS OF PARENTING FACILITATOR. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. 153.193. PARENTS WHO RESIDE OVER 100 MILES APART. September 1, 2007. September 1, 2005. 260), Sec. 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. 153.132. 1150 (S.B. 12, eff. (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. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 1, eff. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or.
Texas Family Code Section 153.317 - Alternative Beginning and Ending September 1, 2011. Docket No. Amended by Acts 1995, 74th Leg., ch. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 31, eff. 1.044, eff. April 20, 1995. Sec. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. June 14, 2019. Acts 2009, 81st Leg., R.S., Ch. (f) A parenting facilitator shall promptly and simultaneously disclose to each party's attorney, any attorney for a child who is a subject of the suit, and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party's attorney, a child who is the subject of the suit, and any attorney for a child who is the subject of the suit, if the communication occurred outside of a parenting facilitator session and involved the substance of parenting facilitation. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. Acts 2017, 85th Leg., R.S., Ch. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. Acts 2005, 79th Leg., Ch. 1. (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. Amended by Acts 1995, 74th Leg., ch. DEFINITIONS. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. June 11, 2001. SUBCHAPTER I. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 1036, Sec. 252), Sec. 1237), Sec. COURT-ORDERED JOINT CONSERVATORSHIP. 35, eff. (C) for any other reason the court considers relevant. 484 (H.B. 1036, Sec. 1390, Sec. Added by Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 153.0071.
2023 Texas Standard Possession Order for Parents and Children
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