A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. 1, eff. 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. 1113 (H.B. 4, eff. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 153.6061. September 1, 2009. 1 (S.B. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 20, Sec. 1181 (H.B. Sept. 1, 1999; Acts 2003, 78th Leg., ch. FACTORS FOR COURT TO CONSIDER. 577, Sec. 1036, Sec. 219), Sec. Amended by Acts 2003, 78th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. This is a presumption that may be rebutted if not in the child's best interest. 11, eff. Amended by Acts 1997, 75th Leg., ch. (c) The appointment of a parenting facilitator does not divest the court of: (1) the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. 682 (H.B. 1, eff. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 555), Sec. Thursdays 6 p.m. - 8 p.m. during the school year or your order may state it starts when the child's school is regularly dismissed and ends when the child's school resumes (Wednesdays if the order was signed before September 1, 2005) Weekends may be back to back. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . (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. 751, Sec. 31, eff. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. 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. (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days' written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does 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. (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. Acts 2021, 87th Leg., R.S., Ch. (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. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 1, eff. 1113 (H.B. Sec. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. Texas Family Code Sec. September 1, 2017. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. (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. 1181 (H.B. 7, eff. DUTY TO PROVIDE INFORMATION. (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. 1, eff. 2, eff. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 153.610. Sec. September 1, 2005. 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. 907 (H.B. 1012), Sec. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. April 2, 2015. Sec. 13, eff. 219), Sec. 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. 1113 (H.B. Sept. 1, 1995. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 153.602. APPOINTMENT OF PARENTING FACILITATOR. Acts 2005, 79th Leg., Ch. DEFINITIONS. 1113 (H.B. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). 1036, Sec. September 1, 2015. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. (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. Added by Acts 1995, 74th Leg., ch. 20, Sec. 16, eff. Added by Acts 2005, 79th Leg., Ch. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. (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. (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. 153.6091. (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. Amended by Acts 1995, 74th Leg., ch. 153.433. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. (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. 937, Sec. 12(1), eff. Sec. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. SUBCHAPTER K. PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR. Added by Acts 1995, 74th Leg., ch. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 153.6102. 153.258. 555), Sec. 3, eff. Sec. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security. 153.005. (3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 219), Sec. 153.314 Texas Family Code - FAM 153.314. Designation of Conservators . ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 153.312. Added by Acts 1995, 74th Leg., ch. 20, Sec. September 1, 2007. Sec. TITLE 5. Amended by Acts 1995, 74th Leg., ch. 484 (H.B. 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. 1012), Sec. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. Sec. 1, eff. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. 99 (S.B. 23, eff. 153.703. CHILD LESS THAN THREE YEARS OF AGE. 820), Sec. 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. 4, eff. Sec. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. Sept. 1, 2001. 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. Amended by Acts 1997, 75th Leg., ch. (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 495), Sec. Acts 2005, 79th Leg., Ch. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. 1404), Sec. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 35, eff. 20, Sec. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Sec. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. 845), Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (2) is in the best interest of the child. (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. (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. 153.256. 153.317. 1012), Sec. 555), Sec. September 1, 2007. September 1, 2011. 1237), Sec. 1, eff. 153.6031. April 2, 2015. 3.01, 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. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. ACCESS TO CHILD'S RECORDS. (a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration. Sept. 1, 1997. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 153.3115. Sec. September 1, 2005. 153.001. 1237), Sec. Added by Acts 1995, 74th Leg., ch. 1252 (H.B. 12(1), eff. 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. Sec. September 1, 2017. 1, eff. 3, eff. (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. 1 (S.B. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. Acts 2005, 79th Leg., Ch. 9, eff. Sec. Acts 2015, 84th Leg., R.S., Ch. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. 1, eff. Sec. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. 153.3171. 20, Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that: (1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; (2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and. The agreement must state whether the arbitration is binding or non-binding. (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. 7, eff. Sec. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (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. (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. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . April 20, 1995. (ii) is not appointed under another statute or a rule of civil procedure. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. (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. September 1, 2013. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. (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. 1.048, eff. (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.