Added by Acts 2009, 81st Leg., R.S., Ch. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 26, eff. Sec. 818), Sec. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. (B) any other method of voluntary dispute resolution. (c) A temporary order rendered by the court under this subchapter may grant rights to and impose duties on a designated person regarding the child, except that if the designated person is a nonparent, the court may not require the designated person to pay child support. Sept. 1, 1997. September 1, 2011. April 20, 1995. 9, Sec. 219), Sec. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. 1, eff. 20, Sec. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). Sec. Acts 2011, 82nd Leg., R.S., Ch. 20, Sec. 787, Sec. A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan. Sept. 1, 2003. 1113 (H.B. 2, eff. Sec. (e) A parenting facilitator may not serve in any other professional capacity at any other time with any person who is a party to, or the subject of, the suit in which the person serves as parenting facilitator, or with any member of the family of a party or subject. (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. Texas Law. (3) a final order described by Section 155.001(b). 23, eff. Added by Acts 1995, 74th Leg., ch. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 21, eff. Acts 2007, 80th Leg., R.S., Ch. 555), Sec. 1193, Sec. 1, eff. (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. 1181 (H.B. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. April 20, 1995. Added by Acts 1995, 74th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 1, eff. QUALIFICATIONS OF PARENTING FACILITATOR. 153.611. 330, Sec. September 1, 2019. Sec. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 153.377. (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. April 20, 1995. 1. 7, eff. 153.373. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. 967 (S.B. (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. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. 555), Sec. 11(2), eff. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. Acts 2005, 79th Leg., Ch. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. 1012), Sec. ORDER FOR FAMILY COUNSELING. Sept. 1, 2003. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. September 1, 2009. this Standard Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Standard Possession Order is attached. September 1, 2005. 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. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 5, eff. Acts 2009, 81st Leg., R.S., Ch. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. EQUAL POSSESSION NOT REQUIRED. Sec. 2, eff. (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. September 1, 2011. 6, eff. September 1, 2013. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. 1113 (H.B. 24, eff. After an objection is filed, the suit may not be referred to mediation 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. (b) The appointment of a parenting coordinator does not divest the court of: (1) its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and. Acts 2015, 84th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 645, Sec. 1864), Sec. 1181 (H.B. Sec. 219), Sec. 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. 1, eff. ENFORCEMENT. (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. DEFINITIONS. 261), Sec. 153.314 . 153.251. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. 1041 (H.B. 2023 Texas Standard Possession Order for Parents and Children 153.705. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. (2) incorporated into an order signed by the court. (4) the right to direct the moral and religious training of the child. DUTIES OF PARENTING COORDINATOR. Sec. 1113 (H.B. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. 1, eff. September 1, 2009. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. (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. June 20, 2003. 153.00715. Sec. Acts 2005, 79th Leg., Ch. Sec. 6, eff. 1237), Sec. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. 1, eff. PARENTS WHO RESIDE OVER 100 MILES APART. 228), Sec. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. Texas Family Code - FAM 153.314 | FindLaw 153.608. A record of the interview shall be part of the record in the case. Texas Family Code Section 153.314 - Holiday Possession Unaffected by (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 153.255. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. 153.253. Acts 2009, 81st Leg., R.S., Ch. Sec. Added by Acts 2001, 77th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 20, Sec. 153.317. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.

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