Sec. 20, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. (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. (d) The standard possession order is designed to apply to a child three years of age or older. (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. 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. 279), Sec. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years; (2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years; (3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; (4) 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 entitled to possession and returns the child to that same place; (5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this standard possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; 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. 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. I need a divorce. 1012), Sec. 1181 (H.B. 25, eff. 845), Sec. Sec. 228), 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. Sec. 6, eff. Without a court order, there is nothing for a judge to enforce. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2003. Sept. 1, 1995. 26, eff. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. Acts 2011, 82nd Leg., R.S., Ch. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. 1864), Sec. 6, eff. 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. XQ 916 (H.B. 1 (S.B. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. 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. Staff must document their permanency efforts in the childs service plans and court permanency and placement review reports. Only a parent may be ordered to pay child support and the non-adopting partner is not a parent. 19, eff. 7, eff. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. June 17, 2011. 1, eff. The right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child. Sec. 1, eff. DFPS and the courts rule out returning children to their birth families. 936, Sec. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. 11, eff. (c) On a motion by any party, the court shall, after reasonable advance notice and for good cause shown, allow a party to present testimony and evidence by electronic means, including by teleconference or through the Internet. 733 (H.B. The results of these background checks may prevent you from being approved. Acts 2005, 79th Leg., Ch. 153.134. (c) Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. April 20, 1995. PUBLIC POLICY. In a custody case where the judge orders permanent managing conservatorship to one party, child support can continue to be ordered to be paid. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. The law says that parents should not be named Joint Managing Conservators if there is a history or pattern of violence by one parent against the other parent. Sept. 1, 2003. (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. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 20, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1 (S.B. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 1, eff. (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). In some joint conservatorship orders, neither parent will have the exclusive right to decide where the child lives but the childs residence will be restricted to a certain geographic area, like a school attendance zone or county. The adoptive family can submit a document to court called a petition to adopt and if approved by a judge, the adoption becomes permanent (also known as consummated). 1, eff. (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. Added by Acts 2021, 87th Leg., R.S., Ch. 1351, Sec. Adoption can give children a sense of belonging and security because they know they will have a lifelong relationship with the adoptive family. (a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary military duty, the court may render a temporary order to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the military deployment, military mobilization, or temporary military duty in the following order of preference: (1) the conservator who does not have the exclusive right to designate the primary residence of the child; (2) if appointing the conservator described by Subdivision (1) is not in the child's best interest, a designated person chosen by the conservator with the exclusive right to designate the primary residence of the child; or. You adopted the child on or after 9/1/09 and the child enrolls at a Texas state college by his or her 25th birthday. Sec. I need to change a custody, visitation, or support order (Modification). (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. 1, eff. (8) include in the court's order provisions: (A) identifying the United States as the country of habitual residence of the child; (B) defining the basis for the court's exercise of jurisdiction; and. 14, eff. 236, Sec. (b) The court shall remove the parenting coordinator: (1) on the request and agreement of all parties; (2) on the request of the parenting coordinator; (3) on the motion of a party, if good cause is shown; or. (b) A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law. I need a custody order. 1113 (H.B. Monthly adoption assistance payments and Medicaid coverage up to age 18. It is really important to talk to a lawyer if any of the following are true. Sec. If you need help finding a lawyer, you can: Yes. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. April 20, 1995. Sec. 37, eff. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, 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, and the managing conservator shall have possession for the same period in odd-numbered years; (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 30 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. September 1, 2007. Adopted children may have the right to inherit from both adoptive parents and birth parents. 153.374. If parental rights are not terminated, the Department continues efforts to locate someone else who can assume this role, and seeks a foster family that can stay committed to the child during this process. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 153.010. 2, eff. September 1, 2005. In CPS cases, adoption becomes an option if CPS and the childs birth parents cannot resolve issues that made it unsafe for the child to live at home. 1, eff. 16, eff. 219), Sec. 153.001. September 1, 2011. 236, Sec. >> When someone other than a parent is named as "permanent managing conservator," he or she is given certain rights and duties about caring for the child such as: For more information, see the Texas Family Code, Section 153.371. (b) The court shall specify in the order the rights that a parent retains at all times. Amended by Acts 1995, 74th Leg., ch. Achieving Permanency from Permanent Managing Conservatorship Historically, once the state has become a child's PM , FPS and courts have accepted the PM status as "permanent." In fact, there is no legal prohibition to modifying a court order granting PMC to DFPS to achieve reunification or termination. 1036, Sec. 2, eff. September 1, 2009. As permanent managing conservator, you are responsible for enforcing and attempting to collect child support if the parents are ordered to pay. (2) incorporated into an order signed by the court. Sept. 1, 1999. The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support.
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