Holiday Possession Unaffected by Distance Parents Reside Apart 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. 751, Sec. (A) eight hours of family violence dynamics training provided by a family violence service provider; (B) 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; (C) 24 classroom hours of training in the fields of family dynamics, child development, and family law; and. Acts 2015, 84th Leg., R.S., Ch. 1, eff. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 2, eff. 751, Sec. Sec. September 1, 2005. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. (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. 99 (S.B. 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. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. 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. 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. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. April 20, 1995. 20, Sec. (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. (b) The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency. Sec. The Court ORDERS each conservator to obey this Standard Possession Order. 1012), Sec. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. (3) the terms and conditions of conservatorship and possession of and access to the child. (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. 277 (H.B. 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. Sec. 1, eff. (b) Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion. (d) A person who makes a disclosure required by Subsection (c) shall decline appointment as parenting facilitator unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's service as parenting facilitator in the suit. 586, Sec. 153.313. 1150 (S.B. 29, eff. 20, Sec. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. COMPENSATION OF PARENTING COORDINATOR. April 20, 1995. Acts 2013, 83rd Leg., R.S., Ch. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 907 (H.B. Acts 2009, 81st Leg., R.S., Ch. 153.3171. Added by Acts 1995, 74th Leg., ch. The Standard Possession Order (SPO) ( Texas Family Code 153.252) is intended to protect the best interests of children when determining non-custodial possession and access, as well as what weekdays, weekends, and holidays both the custodial and non-custodial parent can have with their children. September 1, 2011. 1404), Sec. Many divorced parents opt for an SPO instead of crafting their own customized possession schedule. 1, eff. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. 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. 153.6071. Amended by Acts 1995, 74th Leg., ch. 8, eff. After an objection is filed, a parenting facilitator may not be appointed 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. (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. Acts 2005, 79th Leg., Ch. 9, eff. 153.608. September 1, 2007. 153.015. 1181 (H.B. (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. Sec. 1, eff. 1, eff. (a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. June 17, 2011. 34, eff. Sec. 20, Sec. (6) is in the best interest of the child. Acts 2009, 81st Leg., R.S., Ch. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 153.317. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 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. 153.071. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. 153.131. 252), Sec. September 1, 2009. DUTY TO PROVIDE INFORMATION. 555), Sec. 1012), Sec. The agreement must state whether the arbitration is binding or non-binding. 236, Sec. 1, eff. 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. 1036, Sec. 153.503. 27, 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. TCLL - FM-Chil-306 Standard Possession Order (Rev. (Visitation) and Access Order Texas Family Code Chapter 153, Subchapter F . (c) A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1). Sec. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. (c) Interviewing a child does not diminish the discretion of the court in determining the best interests of the child. Sec. 1012), Sec. 1 (S.B. 484 (H.B. (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child. (2) through an oral statement made in open court on the record. Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 1181 (H.B. 1041 (H.B. (2) is currently charged with an offense for which on conviction the person would be required to register under that chapter. 555), Sec. 421 (S.B. 9, Sec. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. PARENTS WHO RESIDE 100 MILES OR LESS APART. April 2, 2015. 1.044, eff. 24, eff. Sept. 1, 1999. 28, eff. Acts 2005, 79th Leg., Ch. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER. September 1, 2015. 1191 (H.B. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. 13, eff. 153.075. Acts 2005, 79th Leg., Ch. (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. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives 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 days 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, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. EXPEDITED HEARING. June 18, 2005. Sec. 219), Sec. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP, SUBTITLE B. ALTERNATE DISPUTE RESOLUTION PROCEDURES. Amended by Acts 1997, 75th Leg., ch. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. AGREED PARENTING PLAN. RIGHTS OF PARENT AT ALL TIMES. 260), Sec. 3203), Sec. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). 1113 (H.B. 153.601. 1113 (H.B. Spectrum:Partisan Bill (Republican 3-0)Status:(Passed)2021-06-18 - Effective on 9/1/21 [SB1936 Detail]Download:Texas-2021-SB1936-Enrolled.html LegiScan Search 1, eff. (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 2019, 86th Leg., R.S., Ch. Sept. 1, 1997. (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. 1228), Sec. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. Sec. The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. 20, Sec. (2) that the agreement is not in the child's best interest. 10, eff. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. April 2, 2015. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 23, eff. The Standard Possession Order is known as the "default" schedule. 550), Sec. This subsection does not apply to suits filed under Chapter 262. 05-9107, June 13, 2005). (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. 153.258. (a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . 1181 (H.B. Acts 2005, 79th Leg., Ch. Sec. (a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9). (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. 1.049, eff. 153.001. 260), Sec. Sec. Sec. 261), Sec. (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or. Acts 2007, 80th Leg., R.S., Ch. (b) A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit. 10, 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) Sept. 1, 1999; Acts 2003, 78th Leg., ch. 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. Sec. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. 555), Sec. 482 (H.B. Added by Acts 1995, 74th Leg., ch. (a-1) In considering evidence of planning activities under Subsection (a)(4), the court also shall consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. 555), Sec. 1012), Sec. 153.609. 1036, Sec. 153.311. Sec. 1. (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. (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report. 37, eff. The Court ORDERS that in this Possession Order the conservators are called Parent A and . MEANS OF TRAVEL. (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. Sec. 153.252. 2, eff. (c) If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan. (c) The court shall order reasonable access to the child by the child's sibling described by Subsection (a) if the court finds that access is in the best interest of the child. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . ABDUCTION PREVENTION MEASURES. 967 (S.B. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. Summer, holidays, and special days. Added by Acts 1995, 74th Leg., ch. (2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1). 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) provides that the child's primary residence shall be within a specified geographic area. 153.314 Texas Family Code - FAM 153.314. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 2003, 78th Leg., ch. September 1, 2015. 482 (H.B. (a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of a suit must, before being appointed as parenting facilitator in a suit: (1) 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. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. Added by Acts 1995, 74th Leg., ch. DUTIES OF PARENTING FACILITATOR. 153.605. (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. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's child. September 1, 2009. Sec. 1, eff. Amended by Acts 1999, 76th Leg., ch. 1, eff. 3, eff. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. 3, eff. 1, eff. 751, 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. 7, eff. 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. (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. 1449), Sec. Amended by Acts 1995, 74th Leg., ch. Texas law has a default child custody schedule, which is known as a Standard Possession Order (SPO). April 20, 1995. The election may be made: (1) in a written document filed with the court; or. (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. 09-2021) Page 1 of 10 Standard Possession Order . (a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child: (1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term: (A) beginning at the time the child's school is regularly dismissed; (B) ending at the time the child's school resumes after the weekend; or. Acts 2015, 84th Leg., R.S., Ch. 20, eff. September 1, 2009. (b) The following orders are not required to include a parenting plan: (1) an order that only modifies child support; (2) an order that only terminates parental rights; or. June 17, 2011. Sec. (c) It is preferable for all children in a family to be together during periods of possession. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. Acts 2005, 79th Leg., Ch. 153.374. POSSESSION OF OR ACCESS TO GRANDCHILD. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. Sec. 1. SUIT FOR ACCESS. (C) maintain possession of the child's passport. 153.551. (c) The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate. Sec. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. 14, eff. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 20, Sec. 5, eff. 555), Sec. 555), Sec. September 1, 2009. 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. September 1, 2007. 153.501. 12, eff. 482 (H.B. 1936), Sec. Amended by Acts 1995, 74th Leg., ch. 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. 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. (d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. 555), Sec. Acts 2009, 81st Leg., R.S., Ch. 32, eff. Sept. 1, 2003. SUBCHAPTER B. 1, eff. (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).