texas family code expanded standard possession order

(a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. Added by Acts 2001, 77th Leg., ch. (c) In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit: (1) a party engaged in a history or pattern of family violence, as defined by Section 71.004; (2) a party engaged in a history or pattern of child abuse or child neglect; or. 153.007. 1113 (H.B. Sept. 1, 1999. 112 (H.B. Acts 2009, 81st Leg., R.S., Ch. 1. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 20, Sec. 1237), Sec. Summer, holidays, and special days. (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. We have offices in Fort Bend County, Matagorda County, and Wharton . Sec. 153.6051. Sept. 1, 1999. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. September 1, 2009. Amended by Acts 1995, 74th Leg., ch. 1036, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 751, Sec. 11(2), eff. 10, eff. DUTY TO PROVIDE INFORMATION. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. (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. 1237), Sec. Acts 2009, 81st Leg., R.S., Ch. 1. Sec. (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. Sec. September 1, 2007. (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. (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child 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. September 1, 2009. 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. September 1, 2009. June 17, 2011. 12, eff. June 20, 2003. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. 153.013. 1, eff. (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. APPOINTMENT OF POSSESSORY CONSERVATOR. 252), Sec. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. 277 (H.B. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. 1, eff. September 1, 2007. 1181 (H.B. 153.014. Sec. EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 642, Sec. A person who, before appointment as a parenting facilitator in a suit, served in any other professional capacity with a person who is a party to, or subject of, the suit, or with any member of the family of a party or subject, may not serve as parenting facilitator in a suit involving any family member who is a party to or subject of the suit. Sec. The term does not include National Guard or Reserve annual training. 16, eff. 7, eff. 153.501. 261), Sec. the child is under 3 and the noncustodial parent did not have frequent, ongoing . SECURITY BOND. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: . After an objection is filed, a parenting coordinator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. 555), Sec. PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR. EXPEDITED HEARING. June 18, 2005. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. 1, eff. Child Visitation and Possession Orders | Texas Law Help Sec. The Standard Possession Order is known as the "default" schedule. Added by Acts 1995, 74th Leg., ch. (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. 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. PDF Exhibit A: Standard Possession Order - Texas Law Help (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. Acts 2021, 87th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit. (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. 153.708. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. (b) It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child. September 1, 2009. (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. 34, eff. 1012), Sec. (b) The court shall specify the rights and duties of a person appointed possessory conservator. Acts 2009, 81st Leg., R.S., Ch. Sec. QUALIFICATIONS OF PARENTING COORDINATOR. 2, eff. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch.