September 1, 2009. 1012), Sec. 1, eff. June 18, 2005. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 1, eff. 1, eff. Added by Acts 1995, 74th Leg., ch. 153.703. 153.254. (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), and (8). Acts 2005, 79th Leg., Ch. 25, eff. 20, Sec. 50 miles or less. (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. 642, Sec. 727 (S.B. REBUTTABLE PRESUMPTION. 153.255. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). 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 . 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. 153.002. (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. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1113 (H.B. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. Sec. PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. September 1, 2007. Sec. 358 (H.B. The report must be limited to a statement of whether the parenting coordination should continue. Sec. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. 35, eff. Child Visitation and Possession Orders | Texas Law Help (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. Added by Acts 1995, 74th Leg., ch. (2) is in the best interest of the child. 4, eff. June 15, 2007. (B) any other method of voluntary dispute resolution. September 1, 2011. Added by Acts 1995, 74th Leg., ch. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 907 (H.B. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. September 1, 2009. September 1, 2009. 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. 682 (H.B. 820), Sec. PUBLIC POLICY. 1036, Sec. Added by Acts 1995, 74th Leg., ch. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. Amended by Acts 2003, 78th Leg., ch. Designation of Conservators . Amended by Acts 1997, 75th Leg., ch. 1. 916 (H.B. 6, eff. (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. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (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 (C) September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 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. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. (c) The parenting coordinator may not modify any order, judgment, or decree. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Standard & Expanded Possession Order Calendar in Texas - Family Lawyer 555), 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. September 1, 2015. 1113 (H.B. 277 (H.B. 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. The court shall set the amount and condition the bond or security on compliance with the order. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas Legislative Changes Go Into Effect! - Home - State Bar of Texas Family 1, eff. (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. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. 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. (2) incorporated into an order signed by the court. Sec. 1, eff. 553), Sec. 555), 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. (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. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. 1, eff. (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. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. Sec. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. 12(1), eff. 219), Sec. 1088 (S.B. 751, Sec. Sec. 153.709. Acts 2011, 82nd Leg., R.S., Ch. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. 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. If you're affected by a possession order and you'd like to learn more, please call our office at 800-929-1725 for an appointment. Acts 2009, 81st Leg., R.S., Ch. 153.192. 555), Sec. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. Sept. 1, 2003. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1390, Sec. September 1, 2007. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Sec. 802, Sec. 153.011. September 1, 2005. April 20, 1995. 751, Sec. (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. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 2, eff. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1864), Sec. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. BEST INTEREST OF CHILD. Amended by Acts 1995, 74th Leg., ch. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. 1012), Sec. Sec. Amended by Acts 1999, 76th Leg., ch. 20, Sec. 1036, Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. Sec. 19, eff. COMPENSATION OF PARENTING FACILITATOR. 1181 (H.B. Sec. 14, eff. 153.6051. 20, Sec. 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. 20, eff. 20, Sec. 577, Sec. 1404), Sec. 1012), Sec. 555), Sec. (2) the authority to exercise management and control of the suit. 12(1), eff. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. (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. Acts 2015, 84th Leg., R.S., Ch. Sec. 1113 (H.B. (3) a final order described by Section 155.001(b). 33, eff. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B.

Stephen Carroll Obituary, Starting 9 Athletics Perry Ny, Where On Earth Can You Find Transform Boundaries?, Johnson Arrowood Funeral Home, Articles T