28, eff. (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. (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. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. 34, eff. 153.375. September 1, 2009. 153.6081. Amended by Acts 1997, 75th Leg., ch. Sec. 260), Sec. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. Sept. 1, 1997. (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. 1181 (H.B. Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. Acts 2015, 84th Leg., R.S., Ch. 2, eff. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. (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). Sept. 1, 1995; Acts 2003, 78th Leg., ch. 13, eff. Acts 2017, 85th Leg., R.S., Ch. 6, eff. (5) any other agreement between the parties that is approved by a court. 1, eff. September 1, 2009. (d) The court may not consider the availability of electronic communication as a factor in determining child support. 1036, Sec. Sec. (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. Added by Acts 1995, 74th Leg., ch. 2, eff. 1237), Sec. April 20, 1995. April 20, 1995. 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. 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. Sec. Texas Family Code Section 153.314 - Holiday Possession Unaffected by (a) If the conservator without 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 award visitation with the child to a designated person chosen by the conservator, if the visitation is in the best interest of the child. Added by Acts 2003, 78th Leg., ch. 484 (H.B. 1, eff. 20, Sec. 3, eff. 153.376. (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. Sept. 1, 1995. GENERAL TERMS AND CONDITIONS. 555), Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. Sec. 682 (H.B. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. Sec. 153.252. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. New Visitation Law in Texas Added 50-Mile Category September 1 Amended by Acts 1997, 75th Leg., ch. 153.257. 153.432. 25, eff. (b) A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties. Sec. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. 1113 (H.B. 153.703. Acts 2013, 83rd Leg., R.S., Ch. 3, eff. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 1, eff. 11, eff. 1. The Court ORDERS that the Expanded Possession Schedule applies when Parent B resides . Sept. 1, 1999. Child Visitation and Possession Orders | Texas Law Help 781, Sec. Texas Family Code Section 153.317 - Alternative Beginning and Ending 1012), Sec. (b) If the parties agree to binding arbitration, the court shall render an order reflecting the arbitrator's award unless the court determines at a non-jury hearing that the award is not in the best interest of the child. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. 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. 37, eff. (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. 153.075. 1012), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 153.705. 16, eff. (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. (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. 153.003. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. 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. 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. 1, eff. 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. (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. 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. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. Texas Law. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. Acts 2009, 81st Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. 153.011. Acts 2007, 80th Leg., R.S., Ch. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. 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. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. September 1, 2007. Sec. ACCESS TO CHILD'S RECORDS. 5, eff. 1012), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. (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. 1181 (H.B. 1113 (H.B. 1936), Sec. 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. April 20, 1995. 1036, Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. Docket No. September 1, 2013. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 153.702. CHILD LESS THAN THREE YEARS OF AGE. Sept. 1, 1999. (c) 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 without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (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 person has possession of the child; and. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. (2) if the parents are or will be separated, shall appoint at least one managing conservator.
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