Sec. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). The Standard Possession Order is known as the "default" schedule. 949, Sec. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 260), Sec. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. Sec. (ii) is not appointed under another statute or a rule of civil procedure. Sec. 153.6051. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 1, eff. 153.007. 277 (H.B. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 1, eff. 20, Sec. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. September 1, 2017. 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. Sec. Acts 2005, 79th Leg., Ch. 1012), Sec. 2, eff. Sec. 1, eff. September 1, 2009. 99 (S.B. 1 (S.B. 1228), Sec. September 1, 2021. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. 20, Sec. 1, eff. (b) In rendering an order appointing joint managing conservators, the court shall: (1) designate the conservator who has the exclusive right to determine the primary residence of the child and: (A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; or. Acts 2007, 80th Leg., R.S., Ch. 1, eff. PARENTS WHO RESIDE 100 MILES OR LESS APART. Added by Acts 1995, 74th Leg., ch. 8, eff. (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. September 1, 2009. September 1, 2021. 13, 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. (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. 35, eff. 482 (H.B. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. Added by Acts 2005, 79th Leg., Ch. Sec. 153.431. Acts 2011, 82nd Leg., R.S., Ch. 421 (S.B. 20, Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2009. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 15, eff. Sec. 153.009. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. 1, eff. 1. (d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order. Acts 2005, 79th Leg., Ch. 1397, Sec. WEEKEND POSSESSION EXTENDED BY HOLIDAY. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides. Sept. 1, 1999. 20, Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 153.315. 1.046, eff. 936, Sec. 2, eff. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators. 1191 (H.B. (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. COMPENSATION OF PARENTING FACILITATOR. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 555), Sec. 1, eff. Sec. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (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 (C) PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. 1 (S.B. (d) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. 1036, Sec. 1 (S.B. (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. 14, eff. 153.002. They will not automatically be granted their preferred custody arrangement as the court still must rule . 751, Sec. 1012), Sec. AGREEMENT. Acts 2005, 79th Leg., Ch. (2) through an oral statement made in open court on the record. PUBLIC POLICY. 252), Sec. 1, eff. (e-1) Notwithstanding Subsections (d) and (e), a court may decline to enter a judgment on a mediated settlement agreement if the court finds: (A) a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; or. Acts 2017, 85th Leg., R.S., Ch. 1036, Sec. September 1, 2005. 153.6031. 99 (S.B. DUTY TO PROVIDE INFORMATION. Acts 2009, 81st Leg., R.S., Ch. 153.377. 7, eff. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. (b) The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that: (1) the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator and the appointment is in the best interest of any minor child in the suit; and. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. (c) Public funds may not be used to pay the fees of a parenting coordinator. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. 1166 (S.B. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. 3203), Sec. 1036, Sec. 1, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2017. 1012), Sec. 153.6071. 3145), Sec. 09-2021) Page 1 of 10 Standard Possession Order . BEST INTEREST OF CHILD. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. (b) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows: (1) is registered as a sex offender under Chapter 62, Code of Criminal Procedure; or. (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. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 1. 2, eff. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010.