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17, eff. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Acts 2007, 80th Leg., R.S., Ch. 153.002. 20, Sec. 3, eff. (C) for any other reason the court considers relevant. 1113 (H.B. September 1, 2009. Custody & Visitation - Child Custody and Support - Guides at Texas 260), Sec. PARENTS WHO RESIDE OVER 100 MILES APART. 3, eff. 219), Sec. Amended by Acts 1997, 75th Leg., ch. 153.316. April 20, 1995. Sec. 153.0071. April 20, 1995. Sec. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. (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. (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. Acts 2007, 80th Leg., R.S., Ch. 1, eff. 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 . Added by Acts 2009, 81st Leg., R.S., Ch. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 20, eff. September 1, 2009. (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. 751, Sec. Added by Acts 1995, 74th Leg., ch. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. 1, eff. 20, Sec. 20, Sec. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Acts 2013, 83rd Leg., R.S., Ch. 751, Sec. Acts 2009, 81st Leg., R.S., Ch. (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). (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. September 1, 2021. June 18, 2005. (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. April 20, 1995. 9, eff. 13, eff. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. 33, eff. 1113 (H.B. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 153.001. 936, 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. Sec. 1, eff. PDF Modified Possession and Access Order - Texas Law Help 1036, Sec. 277 (H.B. ABDUCTION RISK FACTORS. (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. 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. 555), Sec. 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. Sec. 1181 (H.B. 1, eff. 153.707. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. 178, Sec. (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. SECURITY BOND. the child is under 3 and the noncustodial parent did not have frequent, ongoing . 8, eff. 1 (S.B. 219), Sec. April 2, 2015. 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. 153.007. SUIT FOR ACCESS. Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. April 2, 2015. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. The standard possession order options available to parents can change based on how far you live from one another. 260), Sec. Sec. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (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. (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. 555), Sec. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. 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. 3, eff. 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. 7, eff. Acts 2015, 84th Leg., R.S., Ch. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 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. family violence concerns. 153.191. 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. FACTORS FOR COURT TO CONSIDER. 20, Sec. 4, eff. Sec. 153.192. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. 20, Sec. 1, eff. Sec. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). 2, eff. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. 1228), Sec. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. 1, eff. September 1, 2019. 1012), Sec. 13, eff. Sept. 1, 1997. 7, eff. Texas Family Code - FAM 153.317 | FindLaw PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 967 (S.B. from the primary residence of the child/ren. 1113 (H.B. What Exactly is a Standard Possession Order - McNamara Law Office September 1, 2007. 32, eff. Sec. 1036, Sec. 153.134. 1191 (H.B. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. (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. 99 (S.B. Expanded Standard Possession Order Texas - TX Family Law Attorneys - Bustos Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 2, eff. Sec. 751, Sec. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled April 20, 1995. 482 (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.
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