The Standard Possession Order is known as the "default" schedule. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. 260), Sec. 1237), Sec. (b) A nonparent possessory conservator has any other right or duty specified in the order. Sept. 1, 1997; Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. (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. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 1, eff. 1166 (S.B. 236, Sec. Sec. 330, Sec. DUTY TO PROVIDE INFORMATION. September 1, 2013. 153.433. 1, eff. 9, eff. 555), Sec. 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. 153.709. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. (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, 1997. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. 1237), Sec. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. Acts 2015, 84th Leg., R.S., Ch. 153.609. Sept. 1, 1995. 1 (S.B. 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. Acts 2019, 86th Leg., R.S., Ch. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. 1036, Sec. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. 1181 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. (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. 117 (S.B. ORDER FOR FAMILY COUNSELING. 12(1), eff. (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. (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. Sec. 1228), Sec. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. Sec. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 1 (S.B. 260), Sec. 153.006. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 733 (H.B. Sept. 1, 1997. April 20, 1995. Acts 2015, 84th Leg., R.S., Ch. 916 (H.B. 3, eff. Added by Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. 153.073. 1864), Sec. 219), Sec. 3, eff. 153.074. Texas Family Code Sec. 153.258. 8, eff. 916 (H.B. 153.135. 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. 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. 35, eff. 20, eff. 967 (S.B. Acts 2019, 86th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1397, Sec. (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. 20, Sec. September 1, 2007. 252), Sec. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 1, eff. Amended by Acts 2003, 78th Leg., ch. (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. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. 4, eff. 153.005. (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. 1.046, eff. 153.707. June 15, 2007. 802, Sec. SUIT FOR ACCESS. April 20, 1995. They will not automatically be granted their preferred custody arrangement as the court still must rule . 153.076. 153.377. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. 05-9107, June 13, 2005). (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. September 1, 2015. 1, eff. 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. (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. 153.6101. June 11, 2001. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. the child is under 3 and the noncustodial parent did not have frequent, ongoing . (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. 421 (S.B. (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. 3, eff. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. Designation of Conservators . Sec. A record of the interview shall be part of the record in the case. 1, eff. (2) "Family violence" has the meaning assigned by Section 71.004. (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.

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