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12(1), eff. Sec. 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. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. 11, eff. (2) that the agreement is not in the child's best interest. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. 3, eff. 1.044, eff. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and. 787, Sec. The election may be made: (1) in a written document filed with the court; or. (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. APPOINTMENT OF PARENTING COORDINATOR. Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 149), Sec. Acts 2009, 81st Leg., R.S., Ch. 1012), Sec. September 1, 2015. The court shall set the amount and condition the bond or security on compliance with the order. (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. 9, eff. 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. 1, eff. 1113 (H.B. Texas Family Code - FAM 153.317. September 1, 2009. 2, eff. 153.013. 1, eff. (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. 153.377. Sec. Sec. Added by Acts 2009, 81st Leg., R.S., Ch. The Standard Possession Order also sets forth specific times and days when the parents must pick up and return their child. 916 (H.B. 153.006. Acts 2005, 79th Leg., Ch. 1, eff. 1237), Sec. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. Sept. 1, 2003. AGREED PARENTING PLAN. Sec. 1, eff. Sept. 1, 1995. 3, eff. RIGHTS OF PARENT AT ALL TIMES. 1181 (H.B. Acts 2009, 81st Leg., R.S., Ch. 3203), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 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. Sept. 1, 2003. Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. 20, Sec. 1012), Sec. Acts 2015, 84th Leg., R.S., Ch. (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. 1167 (S.B. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (b) In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E. Sec. 1.049, eff. April 20, 1995. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 153.004. (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. family violence concerns. DUTIES OF PARENTING FACILITATOR. April 2, 2015. Designation of Conservators ABDUCTION RISK FACTORS. Sept. 1, 1997. June 17, 2011. The Court ORDERS that in this Possession Order the conservators are called Parent A and . RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. 228), Sec. 20, Sec. 9, eff. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 99 (S.B. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1012), Sec. Summer, holidays, and special days. 1113 (H.B. Sec. 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. (c) Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan: (1) meets all the requirements of Subsections (a)(2) through (6); and. 1, eff. 1181 (H.B. (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. 1864), Sec. September 1, 2009. 482 (H.B. 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. (4) the potential physical or psychological harm to the child if the child is abducted to a foreign country. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sec. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION. 1012), Sec. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. 5, eff. Acts 2007, 80th Leg., R.S., Ch. 153.314 Texas Family Code - FAM 153.314. Sec. 1181 (H.B. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. Added by Acts 1995, 74th Leg., ch. (2) the person appointed has the minimum qualifications required by Section 153.610, as documented by the person, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c). 153.708. 261), Sec. 20, Sec. 1397, Sec. June 18, 2005. They will not automatically be granted their preferred custody arrangement as the court still must rule . 153.502. 1, eff. Amended by Acts 1997, 75th Leg., ch. 153.252. 20, Sec. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. Sept. 1, 2001. Sept. 1, 2003. 11, eff. 153.705. 1 (S.B. (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. 219), Sec. 38, eff. Sec. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. 153.603. (B) any other method of voluntary dispute resolution. September 1, 2007. 751, Sec. Sept. 1, 1997. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 1, eff. DEFINITIONS. 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. 4, eff. Sec. (C) stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties. Added by Acts 2005, 79th Leg., Ch. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. 20, Sec. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. Acts 2009, 81st Leg., R.S., Ch. Sec. (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. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 2. (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. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (b) A grandparent may request possession of or access to a grandchild 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. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. September 1, 2009. Sec. September 1, 2013. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate. 555), Sec. 1012), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 153.131. Amended by Acts 1997, 75th Leg., ch. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. April 20, 1995. 787, Sec. 12(1), eff. Sec. Acts 2007, 80th Leg., R.S., Ch. 10, eff. (b) The court shall specify in the order the rights that a parent retains at all times. 153.00715. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty.