153.252. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. 21, eff. September 1, 2011. 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. Sec. Sec. 1036, Sec. 1936), Sec. (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. ABDUCTION PREVENTION MEASURES. (2) if the parents are or will be separated, shall appoint at least one managing conservator. 2, eff. April 20, 1995. (3) other information regarding any relationship with an attorney, party, or child in the suit that might reasonably affect the ability of the person to act impartially during the person's service as parenting facilitator. 153.013. Added by Acts 2007, 80th Leg., R.S., Ch. 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. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. 277 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 117 (S.B. (B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order. 1113 (H.B. (b) The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C apply to a nonparent joint managing conservator. Sept. 1, 1999. 153.192. Sec. 555), Sec. Added by Acts 2003, 78th Leg., ch. A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child. 1, eff. (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. 153.012. 1113 (H.B. Courts in Texas presume that a Standard Possession Order is in the best interests of the children. 682 (H.B. September 1, 2017. 4, eff. Sept. 1, 1999. 2. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. Sec. 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. Acts 2015, 84th Leg., R.S., Ch. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 1, eff. 751, Sec. RIGHTS OF PARENT AT ALL TIMES. (e) In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview. 1113 (H.B. ACCESS TO CHILD'S RECORDS. Sept. 1, 1995. 10, eff. Acts 2005, 79th Leg., Ch. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. 4, 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. June 15, 2007. September 1, 2007. (3) "Parenting coordinator" 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 153.606 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 confidential procedures; and. 1. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 153.431. (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. 1012), Sec. Sec. 8, eff. APPOINTMENT OF PARENTING FACILITATOR. 10, eff. 682 (H.B. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. 1, eff. 7, eff. 1, eff. (c) Public funds may not be used to pay the fees of a parenting coordinator. 1012), Sec. 936, Sec. 153.071. 11, eff. 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. 1289, Sec. 153.373. 612, Sec. Sept. 1, 2003. 1012), Sec. (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. Sec. 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. 279), Sec. 1 (S.B. 1181 (H.B. Sec. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. REPORT OF PARENTING COORDINATOR. 153.313. 1237), Sec. 1113 (H.B. Sept. 1, 2003. QUALIFICATIONS OF PARENTING COORDINATOR. June 18, 2005. 555), Sec. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 153.191. (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. 153.610. Sec. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 261), Sec. 916 (H.B. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. Acts 2005, 79th Leg., Ch. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. Acts 2009, 81st Leg., R.S., Ch. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 3, eff. CHILD LESS THAN THREE YEARS OF AGE. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent. Added by Acts 2021, 87th Leg., R.S., Ch. 252), Sec. (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. Added by Acts 1995, 74th Leg., ch. 178, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 751, Sec. Sec. Added by Acts 1995, 74th Leg., ch. 219), Sec. Added by Acts 1995, 74th Leg., ch. 7, eff. September 1, 2017. INTERVIEW OF CHILD IN CHAMBERS. Acts 2007, 80th Leg., R.S., Ch. 1012), Sec. Sept. 1, 1999; Acts 2003, 78th 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. April 2, 2015. (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. Sec. 3145), Sec. 482 (H.B. (a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a possessory conservator has the following rights and duties during the period of possession: (2) the duty to provide the child with clothing, food, and shelter; and. 153.015. Acts 2007, 80th Leg., R.S., Ch. 1.044, eff. 153.134. (C) for any other reason the court considers relevant. 153.377. 17, eff. (4) the right to direct the moral and religious training of the child. Added by Acts 2007, 80th Leg., R.S., Ch. 153.002. (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. April 2, 2015. 153.005. 1088 (S.B. 936, Sec. Sec. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. (C) maintain possession of the child's passport. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. Amended by Acts 1999, 76th Leg., ch. 896 (H.B. April 2, 2015. (a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. (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. (2) is in the best interest of the child. 1181 (H.B. 751, Sec. 20, Sec. 20, Sec. 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. 4, eff. (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. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. September 1, 2015. (b) A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support. September 1, 2007. 1, eff. (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child. 1036, Sec. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 2, eff. The Court ORDERS that in this Possession Order the conservators are called Parent A and . 2, eff. 153.432. 2, eff. 16, eff. 153.603. 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) Sec. After an objection is filed, a parenting coordinator 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. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. FALSE REPORT OF CHILD ABUSE. 1, eff. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. 1181 (H.B. June 18, 2005. Amended by Acts 1997, 75th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. smith and western horsham east street, bwf world championships results, to kill a mockingbird student workbook answer key pdf,
Parches Anti Acne Farmacia Guadalajara, What Happens If You Get A Violation On Interlock, Best Router Motor For Router Table, Ashley Auto Sales Drain, Oregon, Rear Mount Turbo F150, Articles T