Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 261), Sec. Acts 2009, 81st Leg., R.S., Ch. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 555), Sec. 21, eff. Sec. 20, Sec. This schedule is set in place to ensure that the non-custodial parent has the opportunity to spend time with their child and be involved in their upbringing. 153.133. 555), Sec. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. Added by Acts 2021, 87th Leg., R.S., Ch. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 1, eff. 1.047, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2009. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. 153.001. Sec. Sept. 1, 2003. AGREED PARENTING PLAN. 38, eff. September 1, 2017. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. Sec. Added by Acts 1995, 74th Leg., ch. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. An offense under this subsection is a Class C misdemeanor. September 1, 2009. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. (4) "Parenting plan" means the provisions of a final court order that: (A) set out rights and duties of a parent or a person acting as a parent in relation to the child; (B) provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child; (D) optimize the development of a close and continuing relationship between each parent and the child. 751, Sec. 1 (S.B. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. The standard possession order options available to parents can change based on how far you live from one another. Acts 2015, 84th Leg., R.S., Ch. 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. (b) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the designated person has possession of the child; and. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 555), Sec. 153.6102. (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. Sec. 421 (S.B. (c) 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 may also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent is undergoing a change in status with the United States Immigration and Naturalization Service that would adversely affect that parent's ability to legally remain in the United States; (2) whether the parent's application for United States citizenship has been denied by the United States Immigration and Naturalization Service; (3) whether the parent has forged or presented misleading or false evidence to obtain a visa, a passport, a social security card, or any other identification card or has made any misrepresentation to the United States government; or. 1012), Sec. 555), Sec. If a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. 3, eff. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 555), Sec. 6, eff. The report must be limited to a statement of whether the parenting coordination should continue. The Court ORDERS that this Modified 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 Modified Possession Order is attached. April 20, 1995. 153.015. (b) The court shall specify in the order the rights that a parent retains at all times. Section 153.009 of the Texas Family Code. (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. Acts 2011, 82nd Leg., R.S., Ch. Sec. Sec. 20, Sec. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 1864), Sec. The agreement must state whether the arbitration is binding or non-binding. 153.251. 153.3101. Sec. It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. 751, Sec. 1936), Sec. Sept. 1, 1997. Sec. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. 2, eff. Acts 2011, 82nd Leg., R.S., Ch. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 1113 (H.B. 1, eff. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. April 20, 1995. September 1, 2017. 153.502. 20, Sec. 1.046, eff. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. The court shall deny the relief sought and dismiss the suit unless the court determines that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433. Added by Acts 1995, 74th Leg., ch. 153.004. (3) the terms and conditions of conservatorship and possession of and access to the child. (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. 1, eff. Acts 2005, 79th Leg., Ch. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . September 1, 2017. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (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. Acts 2009, 81st Leg., R.S., Ch. SUBCHAPTER I. (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. September 1, 2021. 421 (S.B. 4, eff. (B) any other method of voluntary dispute resolution. 1012), Sec. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. (3) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. April 2, 2015. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. EXPEDITED HEARING. 1012), Sec. Sec. In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator; and. 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. 555), Sec. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1999. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Sec. Sept. 1, 1997; Acts 1999, 76th 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. Sec. The court shall set the amount and condition the bond or security on compliance with the order. 1 (S.B. They will not automatically be granted their preferred custody arrangement as the court still must rule . Sec. Sec. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. (iii) restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) is included by the United States Department of State on a list of state sponsors of terrorism; (E) is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) has an embassy of the United States in the country; (G) is engaged in any active military action or war, including a civil war; (H) is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction according to the most recent report on compliance issued by the United States Department of State; (I) provides for the extradition of a parental abductor and the return of the child to the United States; or. (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. 12, eff. June 20, 2003. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 2, eff. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: (1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator's possession at the residence of the managing conservator; (2) if the possessory conservator elects to begin a period of possession at the time the child's school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled; (3) the possessory conservator shall be ordered to do one of the following: (A) the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or. 1113 (H.B. (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. Sec. 1, eff. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. ORDER FOR FAMILY COUNSELING. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Added by Acts 1995, 74th Leg., ch. 153.316. 1237), Sec. TEMPORARY ORDERS. 20, Sec. 1181 (H.B. 1, eff. 1012), Sec. 7, eff. FACTORS FOR COURT TO CONSIDER. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . 20, Sec. Sec. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. (2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that: (A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and. 937, Sec. September 1, 2018. 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. 3, eff. 32, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 11(2), eff. 10, eff. 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. 1012), Sec. WEEKEND POSSESSION EXTENDED BY HOLIDAY. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. (3) any other factor the court considers appropriate. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. Sec. (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). 22, eff. 117 (S.B. (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. (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. (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. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. September 1, 2009. Added by Acts 1995, 74th Leg., ch. Sec. Acts 2009, 81st Leg., R.S., Ch. 260), Sec. This subsection does not apply to suits filed under Chapter 262. Amended by Acts 2003, 78th Leg., ch. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. Acts 2013, 83rd Leg., R.S., Ch. (C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); (2) for Thursday periods of possession under Section 153.312(a)(2): (B) ending at the time the child's school resumes on Friday; or. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 642, Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 727 (S.B. Designation of Conservators . (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. 1.048, eff. Acts 2009, 81st Leg., R.S., Ch. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 12, eff. Sept. 1, 2003. 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. Acts 2009, 81st Leg., R.S., Ch. 936, Sec. 153.131. ABDUCTION PREVENTION MEASURES. 1, eff. Amended by Acts 1999, 76th Leg., ch. TCLL - FM-Chil-306 Standard Possession Order (Rev. 153.703. 1, eff. Added by Acts 1995, 74th Leg., ch. The Court ORDERS each conservator to obey this Standard Possession Order. 219), 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. 11(2), eff. 153.138. Sept. 1, 1995. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 5, eff. Acts 2009, 81st Leg., R.S., Ch. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. (e) In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if: (1) the award and terms of the award are mutually agreed to by the parties; and, (A) are printed in the court's order in boldfaced, capitalized type; and. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. (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. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. 15, eff. 153.3115. Acts 2013, 83rd Leg., R.S., Ch. family violence concerns. Sept. 1, 2001. Acts 2017, 85th Leg., R.S., Ch. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. (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. September 1, 2009. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. CONSERVATORSHIP, POSSESSION, AND ACCESS. Sec. 1, eff. September 1, 2005. 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. Sec. 555), Sec. MEANS OF TRAVEL. (b-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. 1228), Sec. 11, eff. Sec. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. 11, 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. 1036, Sec. 1, eff. (2) "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of: (A) repetitiously resorting to the adjudicative process; (C) difficulty in communicating about and cooperating in the care of their children. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. Added by Acts 2005, 79th Leg., Ch. 1113 (H.B. (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. (5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.