555), Sec. Sec. 555), Sec. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. 1181 (H.B. 153.6061. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP, CHAPTER 153. Sept. 1, 2003. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. Added by Acts 1995, 74th Leg., ch. 330, Sec. (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. Sept. 1, 1999. 1156 (H.B. 260), Sec. If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions: (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child; (2) require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary; (3) enjoin the parent or any person acting on the parent's behalf from: (A) disrupting or removing the child from the school or child-care facility in which the child is enrolled; or. (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. (b) The report may not be admitted in evidence in a subsequent suit. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (A) to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy: (i) written notice of the court-ordered passport and travel restrictions for the child; and, (ii) a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions; and. from the primary residence of the child/ren. Sept. 1, 1999. 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. 153.0071. REPORT OF PARENTING FACILITATOR. April 20, 1995. 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. 1936), Sec. April 20, 1995. Docket No. 1181 (H.B. 8, eff. September 1, 2009. 20, Sec. 153.6081. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator. 1 (S.B. 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. 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. Added by Acts 1995, 74th Leg., ch. September 1, 2009. April 20, 1995. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. 153.315. Added by Acts 2009, 81st Leg., R.S., Ch. (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. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. (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. Amended by Acts 1995, 74th Leg., ch. April 2, 2015. 682 (H.B. April 20, 1995. 1012), Sec. September 1, 2019. (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. 1, eff. (d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if the court: (1) finds that awarding the parent access to the child would not endanger the child's physical health or emotional welfare and would be in the best interest of the child; and. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 1012), Sec. Sec. 4, eff. September 1, 2007. 1.045, eff. (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. September 1, 2007. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Added by Acts 2009, 81st Leg., R.S., Ch. PUBLIC POLICY. (2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 1113 (H.B. 1193, Sec. 20, Sec. 3, eff. SECURITY BOND. 153.317. SUBCHAPTER I. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. 7, eff. 2, eff. 1036, Sec. Sec. Sec. Sept. 1, 1995. Added by Acts 2005, 79th Leg., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (d) The standard possession order is designed to apply to a child three years of age or older. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. Sept. 1, 1999. Sept. 1, 1997. (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. (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. (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Amended by Acts 1995, 74th Leg., ch. 1113 (H.B. (b) In determining whether to take any of the measures described by Section 153.503, the court shall consider: (1) the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002; (2) the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502; (3) any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country; and. Sec. (6) has a criminal history or a history of violating court orders. POLICY AND GENERAL APPLICATION OF GUIDELINES. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. September 1, 2009. (b) The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession. Acts 2007, 80th Leg., R.S., Ch. June 15, 2007. The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting coordination. Amended by Acts 1995, 74th Leg., ch. (b) A nonparent possessory conservator has any other right or duty specified in the order. 86 (S.B. September 1, 2009. 153.002. 1041 (H.B. Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 153.601. Acts 2017, 85th Leg., R.S., Ch. April 2, 2015. DEFINITIONS. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. September 1, 2007. 153.009. 1, eff. 781, Sec. ABDUCTION PREVENTION MEASURES. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. (d) Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. 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. September 1, 2017. 27, eff. 1, eff. 1252 (H.B. April 20, 1995. 1, eff. 279), Sec. 2, eff. 1, eff. Acts 2009, 81st Leg., R.S., Ch. QUALIFICATIONS OF PARENTING COORDINATOR. (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. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 153.709. 1, eff. (2) is in the best interest of the child. 24, eff. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. This subsection does not apply to suits filed under Chapter 262. April 20, 1995. 4, eff. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. (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. 1113 (H.B. 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. Sec. 4, eff. September 1, 2005. September 1, 2009. 219), Sec. 153.374. Acts 2017, 85th Leg., R.S., Ch. 153.602. REPORT OF PARENTING COORDINATOR. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 1216), Sec. This section of the Family Code provides a way for a child who is at least twelve years old to express their wishes about which parent they will live with and other aspects of visitation. 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. Acts 2009, 81st Leg., R.S., Ch. Sec. SUBCHAPTER B. 153.252. Sec. September 1, 2009. 153.3721. Section 153.009 of the Texas Family Code. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. June 20, 2003. 228), Sec. 1, eff. 153.131. (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. (6) is in the best interest of the child. 153.6101. 2, eff. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 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.

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