texas family code expanded standard possession orderwhat happened to mark reilly strong island
Sec. 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. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 1036, Sec. 8, eff. 1 (S.B. (c) 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. (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. September 1, 2009. 1, eff. 967 (S.B. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. 1404), Sec. 1167 (S.B. September 1, 2011. The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection. Acts 2011, 82nd Leg., R.S., Ch. 577, Sec. Added by Acts 1995, 74th Leg., ch. The election may be made: (1) in a written document filed with the court; or. 153.004. Added by Acts 2005, 79th Leg., Ch. PDF Exhibit A: Standard Possession Order - Texas Law Help Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1113 (H.B. September 1, 2009. 13, eff. 1012), Sec. 2, eff. 27, eff. Added by Acts 2009, 81st Leg., R.S., Ch. 1181 (H.B. The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child. 2, eff. (b) A conservator must make an election under Subsection (a) before or at the time of the rendition of a possession order. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. (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. (c) The court shall consider the commission of family violence or sexual abuse in determining whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator. Designation of Conservators On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. 733 (H.B. Sec. Sec. DUTIES OF PARENT NOT APPOINTED CONSERVATOR. (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. 32, eff. ABDUCTION RISK FACTORS. Sec. 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 facilitation. 12(1), eff. 751, Sec. APPOINTMENT OF PARENTING COORDINATOR. Sept. 1, 2003. Sec. 252), Sec. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: (2) by the joint agreement of the parents; and. 153.011. 3.01, eff. 153.075. Acts 2007, 80th Leg., R.S., Ch. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. 845), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1191 (H.B. (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. 20, eff. 802, Sec. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. 495), Sec. June 11, 2001. 2, eff. (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. 555), Sec. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 20, Sec. 153.602. 14, eff. 1041 (H.B. September 1, 2007. 2, eff. 7, eff. (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. (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. (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. Sept. 1, 2003. (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order. 1, eff. 786, Sec. Amended by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 13, eff. Sec. Sec. 421 (S.B. 1, eff. September 1, 2021. Sec. April 20, 1995. Sept. 1, 1999; Acts 1999, 76th Leg., ch. PDF Exhibit: Standard Possession (Visitation) and Access Order (3-a) "Parenting facilitator" means an impartial third party: (A) who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and, (i) is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and. Under those laws, the Standard Possession Order sets forth different visitation periods when the parents live 100 miles or less apart, and more than 100 miles apart. 1 (S.B. APPOINTMENT OF PARENTING FACILITATOR. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. Acts 2009, 81st Leg., R.S., Ch. 153.251. June 17, 2011. (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). September 1, 2013. The standard possession order options available to parents can change based on how far you live from one another. 1113 (H.B. 484 (H.B. 1 (S.B. What Exactly is a Standard Possession Order - McNamara Law Office June 18, 2005. September 1, 2013. 50 Miles Apart or Less | Office of the Attorney General 1404), Sec. 421 (S.B. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. (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). 153.013. Sept. 1, 2003. September 1, 2019. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. 153.002. Added by Acts 1995, 74th Leg., ch. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. 1936), Sec. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 10, eff. The Court ORDERS that in this Possession Order the conservators are called Parent A and . Sec. 153.3115. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 1252 (H.B. 484 (H.B. Amended by Acts 1997, 75th Leg., ch. 153.314. RIGHTS OF PARENT AT ALL TIMES. 153.3101. 1237), Sec. (J) poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children, including arranged marriages, lack of freedom of religion, child labor, lack of child abuse laws, female genital mutilation, and any form of slavery. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. 153.375. 153.609. (c) 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 without the exclusive right to designate the primary residence of the child is entitled under the court order in effect immediately before the date the temporary order is rendered; (2) the child's other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator; (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 person has possession of the child; and. 279), Sec. Acts 2013, 83rd Leg., R.S., Ch. (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. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. April 20, 1995. (C) for any other reason the court considers relevant. (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. September 1, 2007. 153.253. Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: (1) the duty of care, control, protection, and reasonable discipline of the child; (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure; (3) the right to consent for the child to medical and dental care not involving an invasive procedure; and. 1449), Sec. 2, eff. 20, Sec. 153.601. (3) a final order described by Section 155.001(b). PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. Added by Acts 2009, 81st Leg., R.S., Ch. POSSESSION OF OR ACCESS TO GRANDCHILD. 33, eff. 1216), Sec. 6, eff. 1397, Sec. 5, eff. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 153.434. 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. No. 153.503. 12(1), eff. 967 (S.B. April 20, 1995. 9, Sec. PDF Standard Possession Order - Texas Law Help 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. September 1, 2019. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. This subsection does not apply to suits filed under Chapter 262. Sept. 1, 1997; Acts 2003, 78th Leg., ch. (e) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit. 18, eff. 153.0071. PARENTING FACILITATOR; CONFLICTS OF INTEREST AND BIAS. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. 10, eff. 1036, Sec. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 219), Sec. 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. 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. 751, Sec. After an objection is filed, the suit may not be referred to mediation 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. 1113 (H.B. 153.256. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Added by Acts 1995, 74th Leg., ch. Sec. 153.6082. 1113 (H.B. (3) any other factor the court considers appropriate. EQUAL POSSESSION NOT REQUIRED. Acts 2009, 81st Leg., R.S., Ch. 20, Sec. 817), Sec. 149), Sec. Acts 2019, 86th Leg., R.S., Ch. 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. Acts 2009, 81st Leg., R.S., Ch. 153.009. the child is under 3 and the noncustodial parent did not have frequent, ongoing . (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. Sept. 1, 1997. 260), Sec. 1, eff. Sec. (B) the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that 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 if: (i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator's county of residence remains the same after the rendition of the order, and the managing conservator's county of residence changes, effective on the date of the change of residence by the managing conservator; or. PDF Modified Possession and Access Order - Texas Law Help 3203), Sec. Sec. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. 1, eff. Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: (1) the right to designate the primary residence of the child; (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures; (3) the right to consent to psychiatric and psychological treatment; (4) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; (5) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (6) the right to consent to marriage and to enlistment in the armed forces of the United States; (7) the right to make decisions concerning the child's education; (8) the right to the services and earnings of the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and. Acts 2015, 84th Leg., R.S., Ch. 555), Sec. Sept. 1, 1995. 1012), Sec. ACCESS TO CHILD'S RECORDS. Acts 2009, 81st Leg., R.S., Ch. 12, eff. 3, eff. Sec. 252), Sec. 153.611. 1, eff. 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) April 2, 2015. We have offices in Fort Bend County, Matagorda County, and Wharton . September 1, 2009. 3, eff. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. September 1, 2009. (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. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. Sec. WEEKEND POSSESSION EXTENDED BY HOLIDAY. The burden of proof at a hearing under this subsection is on the party seeking to avoid rendition of an order based on the arbitrator's award. (b) 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 or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. Summer, holidays, and special days. 555), Sec. Aug. 30, 1999; Acts 1999, 76th Leg., ch. September 1, 2007. Sec. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. 555), Sec. 2, eff. September 1, 2005. 252), Sec. (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.
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