The agreement must state whether the arbitration is binding or non-binding. (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. 1113 (H.B. 3, eff. TX Expanded Standard Possession Order Divorce can significantly transform the relationship between parents and their children. 153.602. 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. (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. DUTY TO PROVIDE INFORMATION. (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. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. APPOINTMENT OF PARENTING COORDINATOR. 1, eff. 1113 (H.B. 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. Acts 2015, 84th Leg., R.S., Ch. 112 (H.B. 260), Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. COMPENSATION OF PARENTING COORDINATOR. No. 482 (H.B. 786, Sec. the child is under 3 and the noncustodial parent did not have frequent, ongoing . SUBCHAPTER B. 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. 1.044, eff. 9, eff. 20, Sec. 153.434. Sec. Sec. Sept. 1, 2003. Summer, holidays, and special days. September 1, 2007. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan: (1) designates the conservator who has the exclusive right to designate the primary residence of the child and: (A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or. 153.701. Added by Acts 1995, 74th Leg., ch. September 1, 2007. (2) the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. 37, eff. 421 (S.B. 586, Sec. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. (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. 153.432. September 1, 2009. 117 (S.B. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. June 17, 2011. June 15, 2007. 13, eff. SECURITY BOND. Acts 2015, 84th Leg., R.S., Ch. 1404), Sec. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. (e) Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator. (c) The parenting coordinator may not modify any order, judgment, or decree. (B) any other method of voluntary dispute resolution. 907 (H.B. Added by Acts 1995, 74th Leg., ch. 733 (H.B. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. Sec. DEFINITIONS. Sept. 1, 2003. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. COMPENSATION OF PARENTING FACILITATOR. 236, Sec. 1, eff. 15, eff. 19, eff. 7, eff. 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. 153.005. Designation of Conservators . 1181 (H.B. Added by Acts 2005, 79th Leg., Ch. 99 (S.B. Sec. (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. If a parenting facilitator 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) "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. 18, eff. 9, Sec. (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. Sec. 1, eff. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. (b) A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure. 153.317. (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. 482 (H.B. 495), Sec. 1228), Sec. June 18, 2005. Designation of Conservators . 153.709. (6) is in the best interest of the child. (2) provides that the child's primary residence shall be within a specified geographic area. 1012), Sec. APPOINTING DESIGNATED PERSON FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. 1, eff. Sec. 682 (H.B. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. 1012), Sec. ACCESS TO CHILD'S RECORDS. 153.012. (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. June 20, 2003. September 1, 2009. Designation of Conservators . 967 (S.B. 20, eff. 1.047, eff. Acts 2005, 79th Leg., Ch. 38, eff. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. 1012), Sec. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1252 (H.B. 36, eff. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 1012), Sec. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 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. 10, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (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. (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. 219), Sec. 153.433. 153.609. Sec. 12, eff. September 1, 2009. 1.048, eff. September 1, 2005. Sec. (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. 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 . PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. Amended by Acts 1995, 74th Leg., ch. Designation of Conservators (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. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. 153.708. September 1, 2009. In Texas, a Standard Possession Order (SPO) is a court-ordered schedule for a non-custodial parent to have possession of their child. (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. 1113 (H.B. (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. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. Amended by Acts 1997, 75th Leg., ch. (c) Public funds may not be used to pay the fees of a parenting coordinator. 2, eff. 2, eff. (b) 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 described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (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 designated person has possession of the child; and. 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. Sec. 1, eff. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. 821), Sec. Sec. Amended by Acts 1995, 74th Leg., ch. 25, eff. 1113 (H.B. (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. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. 20, Sec. 10, eff. 12, eff. 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. 99 (S.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (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. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. 1, eff. Acts 2007, 80th Leg., R.S., Ch. ENFORCEMENT. Amended by Acts 1997, 75th Leg., ch. 14, eff. Added by Acts 2011, 82nd Leg., R.S., Ch. 153.376. 751, Sec. September 1, 2017. The Court ORDERS that 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. 153.431. Added by Acts 1995, 74th Leg., ch.