(3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. April 20, 1995. June 18, 2005. 153.6031. 1, eff. 153.191. 1390, Sec. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . This subsection does not apply to suits filed under Chapter 262. 9, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Sec. Added by Acts 1995, 74th Leg., ch. 20, Sec. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence. (c) It is preferable for all children in a family to be together during periods of possession. 20, Sec. 1, eff. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. COURT-ORDERED JOINT CONSERVATORSHIP. 6, eff. June 18, 2005. 3, eff. (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. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. (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. September 1, 2009. Sec. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 153.255. The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child. 1012), Sec. (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. 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. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . Acts 2007, 80th Leg., R.S., Ch. Sec. 153.011. 153.006. September 1, 2009. 153.073. Acts 2005, 79th Leg., Ch. 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. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 645, Sec. 153.6083. Sec. REBUTTABLE PRESUMPTION. Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. Acts 2017, 85th Leg., R.S., 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. 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. 33, eff. (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors: (1) whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent can encourage and accept a positive relationship between the child and the other parent; (4) whether both parents participated in child rearing before the filing of the suit; (5) the geographical proximity of the parents' residences; (6) if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and. (3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child: (A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition; (B) has been found by a court to be incompetent; (D) does not have actual or court-ordered possession of or access to the child. June 15, 2007. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 6, eff. September 1, 2007. 1, eff. In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and access with regard to a child during the conservator's military deployment, military mobilization, or temporary military duty. 153.010. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. (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. September 1, 2009. Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. 99 (S.B. 1113 (H.B. 1012), Sec. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 11(2), eff. 228), Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. 916 (H.B. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 1, eff. 1, eff. Sec. Amended by Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. Added by Acts 2007, 80th Leg., R.S., Ch. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. Added by Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. September 1, 2017. Added by Acts 1995, 74th Leg., ch. 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. 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. 261), Sec. Acts 2009, 81st Leg., R.S., Ch. 153.6061. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Added by Acts 1995, 74th Leg., ch. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. 153.375. April 20, 1995. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days 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, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do 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. 916 (H.B. September 1, 2009. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. Added by Acts 1995, 74th Leg., ch. 751, Sec. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. Sec. (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. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. Added by Acts 1995, 74th Leg., ch. 484 (H.B. Amended by Acts 1995, 74th Leg., ch. Sec. Acts 2005, 79th Leg., Ch. Amended by Acts 1995, 74th Leg., ch. 1041 (H.B. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR. 1, eff. 219), Sec. Amended by Acts 1997, 75th Leg., ch. 1113 (H.B. 153.3115. 4, eff. 4, eff. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. (2) the authority to exercise management and control of the suit. QUALIFICATIONS OF PARENTING FACILITATOR. Aug. 30, 1999; Acts 1999, 76th Leg., ch. (2) through an oral statement made in open court on the record. Sec. 1167 (S.B. 9, eff. We have offices in Fort Bend County, Matagorda County, and Wharton . 1.044, eff. (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. Sept. 1, 2003. PARENTS WHO RESIDE 100 MILES OR LESS APART. 05-9107, June 13, 2005). Sept. 1, 1999. 1012), Sec. 972 (S.B. September 1, 2009. 1166 (S.B. Sept. 1, 1997. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f). 15, eff. 484 (H.B. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; (4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. COMPENSATION OF PARENTING FACILITATOR. Sec. REPORT OF PARENTING FACILITATOR. (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. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 153.6091. PARENTS WHO RESIDE OVER 100 MILES APART. Spectrum: Partisan Bill (Republican 3-0) Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail] Download: Texas-2021-SB1936-Engrossed.html 153.258. Acts 2015, 84th Leg., R.S., Ch. (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. (B) to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy; (6) order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country; (7) authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent; or. (d) The standard possession order is designed to apply to a child three years of age or older. Added by Acts 1995, 74th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. (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. 1 (S.B. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. 1113 (H.B. Acts 2017, 85th Leg., R.S., Ch. (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. pickle chamoy dip, list of funerals at chesterfield crematorium,
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