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AN ACT
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relating to the conservatorship or possession of, or access to, a |
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child in a suit affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.0045(b), Family Code, is amended to |
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read as follows: |
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(b) Access to a child by a sibling of the child is governed |
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by the standards established by Section 153.551 [Subchapter J,
|
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Chapter 153]. |
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SECTION 2. Section 107.0511, Family Code, is amended by |
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adding Subsections (g), (h), and (i) to read as follows: |
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(g) The minimum qualifications prescribed by this section |
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do not apply to an individual who, before September 1, 2007: |
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(1) lived in a county that has a population of 500,000 |
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or more and is adjacent to two or more counties each of which has a |
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population of 50,000 or more; |
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(2) received a four-year degree from an accredited |
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institution of higher education; |
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(3) worked as a child protective services investigator |
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for the Department of Family and Protective Services for at least |
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four years; |
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(4) worked as a community supervision and corrections |
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department officer; and |
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(5) conducted at least 100 social studies in the |
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previous five years. |
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(h) A person described by Subsection (g) who performs a |
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social study must: |
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(1) complete at least eight hours of family violence |
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dynamics training provided by a family violence service provider; |
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and |
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(2) participate annually in at least 15 hours of |
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continuing education for child custody evaluators that meets the |
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Model Standards of Practice for Child Custody Evaluation adopted |
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by the Association of Family and Conciliation Courts as those |
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standards existed May 1, 2009, or a later version of those standards |
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if adopted by rule of the executive commissioner of the Health and |
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Human Services Commission. |
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(i) Subsections (g) and (h) and this subsection expire |
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September 1, 2017. |
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SECTION 3. Section 153.133, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a)(1), the court shall |
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render an order adopting the provisions of a written agreed |
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parenting plan appointing the parents as joint managing |
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conservators if the parenting plan: |
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(1) meets all the requirements of Subsections (a)(2) |
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through (6); and |
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(2) provides that the child's primary residence shall |
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be within a specified geographic area. |
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SECTION 4. Subchapter F, Chapter 153, Family Code, is |
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amended by adding Section 153.3101 to read as follows: |
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Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION |
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ORDER. In a standard possession order, "school" means the primary |
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or secondary school in which the child is enrolled or, if the child |
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is not enrolled in a primary or secondary school, the public school |
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district in which the child primarily resides. |
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SECTION 5. Section 153.311, Family Code, is amended to read |
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as follows: |
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Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR |
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POSSESSION. The court shall specify in a standard possession order |
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that the parties may have possession of the child at times mutually |
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agreed to in advance by the parties and, in the absence of mutual |
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agreement, shall have possession of the child under the specified |
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terms set out in the standard possession order. |
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SECTION 6. Section 153.312, Family Code, is amended to read |
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as follows: |
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Sec. 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART. |
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(a) If the possessory conservator resides 100 miles or less from |
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the primary residence of the child, the possessory conservator |
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shall have the right to possession of the child as follows: |
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(1) on weekends throughout the year beginning at 6 |
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p.m. on the first, third, and fifth Friday of each month and ending |
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at 6 p.m. on the following Sunday [except that, at the possessory
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conservator's election made before or at the time of the rendition
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of the original or modification order, and as specified in the
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original or modification order, the weekend periods of possession
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specified by this subdivision that occur during the regular school
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term shall begin at the time the child's school is regularly
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dismissed and end at 6 p.m. on the following Sunday]; and |
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(2) on Thursdays of each week during the regular |
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school term beginning at 6 p.m. and ending at 8 p.m.[, or, at the
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possessory conservator's election made before or at the time of the
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rendition of the original or modification order, and as specified
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in the original or modification order, beginning at the time the
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child's school is regularly dismissed and ending at the time the
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child's school resumes], unless the court finds that visitation |
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under this subdivision is not in the best interest of the child. |
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(b) The following provisions govern possession of the child |
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for vacations and certain specific holidays and supersede |
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conflicting weekend or Thursday periods of possession. The |
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possessory conservator and the managing conservator shall have |
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rights of possession of the child as follows: |
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(1) the possessory conservator shall have possession |
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in even-numbered years, beginning at 6 p.m. on the day the child is |
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dismissed from school for the school's spring vacation and ending |
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at 6 p.m. on the day before school resumes after that vacation, and |
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the managing conservator shall have possession for the same period |
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in odd-numbered years; |
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(2) if a possessory conservator: |
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(A) gives the managing conservator written |
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notice by April 1 of each year specifying an extended period or |
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periods of summer possession, the possessory conservator shall have |
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possession of the child for 30 days beginning not earlier than the |
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day after the child's school is dismissed for the summer vacation |
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and ending not later than seven days before school resumes at the |
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end of the summer vacation, to be exercised in not more than two |
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separate periods of at least seven consecutive days each, with each |
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period of possession beginning and ending at 6 p.m. on each |
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applicable day; or |
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(B) does not give the managing conservator |
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written notice by April 1 of each year specifying an extended period |
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or periods of summer possession, the possessory conservator shall |
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have possession of the child for 30 consecutive days beginning at 6 |
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p.m. on July 1 and ending at 6 p.m. on July 31; |
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(3) if the managing conservator gives the possessory |
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conservator written notice by April 15 of each year, the managing |
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conservator shall have possession of the child on any one weekend |
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beginning Friday at 6 p.m. and ending at 6 p.m. on the following |
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Sunday during one period of possession by the possessory |
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conservator under Subdivision (2), provided that the managing |
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conservator picks up the child from the possessory conservator and |
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returns the child to that same place; and |
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(4) if the managing conservator gives the possessory |
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conservator written notice by April 15 of each year or gives the |
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possessory conservator 14 days' written notice on or after April 16 |
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of each year, the managing conservator may designate one weekend |
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beginning not earlier than the day after the child's school is |
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dismissed for the summer vacation and ending not later than seven |
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days before school resumes at the end of the summer vacation, during |
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which an otherwise scheduled weekend period of possession by the |
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possessory conservator will not take place, provided that the |
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weekend designated does not interfere with the possessory |
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conservator's period or periods of extended summer possession or |
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with Father's Day if the possessory conservator is the father of the |
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child. |
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SECTION 7. Section 153.313, Family Code, is amended to read |
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as follows: |
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Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If |
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the possessory conservator resides more than 100 miles from the |
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residence of the child, the possessory conservator shall have the |
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right to possession of the child as follows: |
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(1) either regular weekend possession beginning on the |
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first, third, and fifth Friday as provided under the terms |
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applicable to parents who reside 100 miles or less apart or not more |
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than one weekend per month of the possessory conservator's choice |
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beginning at 6 p.m. on the day school recesses for the weekend and |
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ending at 6 p.m. on the day before school resumes after the weekend, |
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provided that the possessory conservator gives the managing |
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conservator 14 days' written or telephonic notice preceding a |
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designated weekend, and provided that the possessory conservator |
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elects an option for this alternative period of possession by |
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written notice given to the managing conservator within 90 days |
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after the parties begin to reside more than 100 miles apart, as |
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applicable; |
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(2) each year beginning at 6 p.m. on the day the child |
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is dismissed from school for the school's spring vacation and |
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ending at 6 p.m. on the day before school resumes after that |
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vacation; |
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(3) if the possessory conservator: |
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(A) gives the managing conservator written |
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notice by April 1 of each year specifying an extended period or |
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periods of summer possession, the possessory conservator shall have |
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possession of the child for 42 days beginning not earlier than the |
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day after the child's school is dismissed for the summer vacation |
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and ending not later than seven days before school resumes at the |
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end of the summer vacation, to be exercised in not more than two |
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separate periods of at least seven consecutive days each, with each |
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period of possession beginning and ending at 6 p.m. on each |
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applicable day; or |
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(B) does not give the managing conservator |
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written notice by April 1 of each year specifying an extended period |
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or periods of summer possession, the possessory conservator shall |
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have possession of the child for 42 consecutive days beginning at 6 |
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p.m. on June 15 and ending at 6 p.m. on July 27; |
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(4) if the managing conservator gives the possessory |
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conservator written notice by April 15 of each year the managing |
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conservator shall have possession of the child on one weekend |
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beginning Friday at 6 p.m. and ending at 6 p.m. on the following |
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Sunday during one period of possession by the possessory |
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conservator under Subdivision (3), provided that if a period of |
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possession by the possessory conservator exceeds 30 days, the |
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managing conservator may have possession of the child under the |
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terms of this subdivision on two nonconsecutive weekends during |
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that time period, and further provided that the managing |
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conservator picks up the child from the possessory conservator and |
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returns the child to that same place; and |
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(5) if the managing conservator gives the possessory |
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conservator written notice by April 15 of each year, the managing |
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conservator may designate 21 days beginning not earlier than the |
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day after the child's school is dismissed for the summer vacation |
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and ending not later than seven days before school resumes at the |
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end of the summer vacation, to be exercised in not more than two |
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separate periods of at least seven consecutive days each, with each |
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period of possession beginning and ending at 6 p.m. on each |
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applicable day, during which the possessory conservator may not |
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have possession of the child, provided that the period or periods so |
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designated do not interfere with the possessory conservator's |
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period or periods of extended summer possession or with Father's |
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Day if the possessory conservator is the father of the child. |
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SECTION 8. Section 153.314, Family Code, is amended to read |
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as follows: |
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Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE |
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PARENTS RESIDE APART. The following provisions govern possession |
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of the child for certain specific holidays and supersede |
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conflicting weekend or Thursday periods of possession without |
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regard to the distance the parents reside apart. The possessory |
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conservator and the managing conservator shall have rights of |
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possession of the child as follows: |
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(1) the possessory conservator shall have possession |
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of the child in even-numbered years beginning at 6 p.m. on the day |
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the child is dismissed from school for the Christmas school |
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vacation and ending at noon on December 28, and the managing |
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conservator shall have possession for the same period in |
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odd-numbered years; |
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(2) the possessory conservator shall have possession |
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of the child in odd-numbered years beginning at noon on December 28 |
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and ending at 6 p.m. on the day before school resumes after that |
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vacation, and the managing conservator shall have possession for |
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the same period in even-numbered years; |
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(3) the possessory conservator shall have possession |
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of the child in odd-numbered years, beginning at 6 p.m. on the day |
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the child is dismissed from school before Thanksgiving and ending |
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at 6 p.m. on the following Sunday, and the managing conservator |
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shall have possession for the same period in even-numbered years; |
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(4) the parent not otherwise entitled under this |
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standard possession order to present possession of a child on the |
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child's birthday shall have possession of the child beginning at 6 |
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p.m. and ending at 8 p.m. on that day, provided that the parent |
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picks up the child from the residence of the conservator entitled to |
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possession and returns the child to that same place; |
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(5) if a conservator, the father shall have possession |
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of the child beginning at 6 p.m. on the Friday preceding Father's |
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Day and ending on Father's Day at 6 p.m., provided that, if he is not |
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otherwise entitled under this standard possession order to present |
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possession of the child, he picks up the child from the residence of |
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the conservator entitled to possession and returns the child to |
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that same place; and |
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(6) if a conservator, the mother shall have possession |
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of the child beginning at 6 p.m. on the Friday preceding Mother's |
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Day and ending on Mother's Day at 6 p.m., provided that, if she is |
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not otherwise entitled under this standard possession order to |
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present possession of the child, she picks up the child from the |
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residence of the conservator entitled to possession and returns the |
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child to that same place. |
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SECTION 9. Section 153.315, Family Code, is amended to read |
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as follows: |
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Sec. 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY. (a) |
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If a weekend period of possession of the possessory conservator |
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coincides with a student [school] holiday or teacher in-service day |
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that falls on a Monday during the regular school term, as determined |
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by the school in which the child is enrolled, or with a federal, |
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state, or local holiday that falls on a Monday during the summer |
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months in which school is not in session, the weekend possession |
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shall end at 6 p.m. on [a] Monday [holiday or school holiday or
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shall begin at 6 p.m. Thursday for a Friday holiday or school
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holiday, as applicable]. |
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(b) If a weekend period of possession of the possessory |
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conservator coincides with a student holiday or teacher in-service |
|
day that falls on a Friday during the regular school term, as |
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determined by the school in which the child is enrolled, or with a |
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federal, state, or local holiday that falls on a Friday during the |
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summer months in which school is not in session, the weekend |
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possession shall begin at 6 p.m. on Thursday [At the possessory
|
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conservator's election, made before or at the time of the rendition
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of the original or modification order, and as specified in the
|
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original or modification order, periods of possession extended by a
|
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holiday may begin at the time the child's school is regularly
|
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dismissed]. |
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SECTION 10. Section 153.317, Family Code, is amended to |
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read as follows: |
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Sec. 153.317. ALTERNATIVE BEGINNING AND ENDING POSSESSION |
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TIMES. (a) If elected by a conservator, the court shall alter the |
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standard possession order under Sections 153.312, 153.314, and |
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153.315 to provide for one or more of the following alternative |
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beginning and ending possession times for the described periods of |
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possession, unless the court finds that the election is not in the |
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best interest of the child: |
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(1) for weekend periods of possession under Section |
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153.312(a)(1) during the regular school term: |
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(A) beginning at the time the child's school is |
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regularly dismissed; or |
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(B) ending at the time the child's school resumes |
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after the weekend; |
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(2) for Thursday periods of possession under Section |
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153.312(a)(2): |
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(A) beginning at the time the child's school is |
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regularly dismissed; or |
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(B) ending at the time the child's school resumes |
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on Friday; |
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(3) for spring vacation periods of possession under |
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Section 153.312(b)(1), beginning at the time the child's school is |
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dismissed for those vacations; |
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(4) for Christmas school vacation periods of |
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possession under Section 153.314(1), beginning at the time the |
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child's school is dismissed for the vacation; |
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(5) for Thanksgiving holiday periods of possession |
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under Section 153.314(3), beginning at the time the child's school |
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is dismissed for the holiday; |
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(6) for Father's Day periods of possession under |
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Section 153.314(5), ending at 8 a.m. on the Monday after Father's |
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Day weekend; |
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(7) for Mother's Day periods of possession under |
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Section 153.314(6): |
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(A) beginning at the time the child's school is |
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regularly dismissed on the Friday preceding Mother's Day; or |
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(B) ending at the time the child's school resumes |
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after Mother's Day; or |
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(8) for weekend periods of possession that are |
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extended under Section 153.315(b) by a student holiday or teacher |
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in-service day that falls on a Friday, beginning at the time the |
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child's school is regularly dismissed on Thursday. |
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(b) A conservator must make an election under Subsection (a) |
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before or at the time of the rendition of a possession order. The |
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election may be made: |
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(1) in a written document filed with the court; or |
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(2) through an oral statement made in open court on the |
|
record. [If a child is enrolled in school and the possessory
|
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conservator elects before or at the time of the rendition of the
|
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original or modification order, the standard order must expressly
|
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provide that the possessory conservator's period of possession
|
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shall begin or end, or both, at a different time expressly set in
|
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the standard order under and within the range of alternative times
|
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provided by one or both of the following subdivisions:
|
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[(1)
instead of a period of possession by a possessory
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conservator beginning at 6 p.m. on the day school recesses, the
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period of possession may be set in the standard possession order to
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begin at the time the child's school is regularly dismissed or at
|
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any time between the time the child's school is regularly dismissed
|
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and 6 p.m.; and
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[(2)
except for Thursday evening possession, instead
|
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of a period of possession by a possessory conservator ending at 6
|
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p.m. on the day before school resumes, the period of possession may
|
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be set in the standard order to end at the time school resumes.] |
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SECTION 11. Section 153.432, Family Code, is amended by |
|
adding a new Subsection (c) to read as follows: |
|
(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 |
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denial of possession of or access to the child by the petitioner |
|
would significantly impair the child's physical health or emotional |
|
well-being. The court shall deny the relief sought and dismiss the |
|
suit unless the court determines that the facts stated in the |
|
affidavit, if true, would be sufficient to support the relief |
|
authorized under Section 153.433. |
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SECTION 12. Section 153.433, Family Code, is amended to |
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read as follows: |
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Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a) |
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The court may [shall] order reasonable possession of or access to a |
|
grandchild by a grandparent if: |
|
(1) at the time the relief is requested, at least one |
|
biological or adoptive parent of the child has not had that parent's |
|
parental rights terminated; |
|
(2) the grandparent requesting possession of or access |
|
to the child overcomes the presumption that a parent acts in the |
|
best interest of the parent's child by proving by a preponderance of |
|
the evidence that denial of possession of or access to the child |
|
would significantly impair the child's physical health or emotional |
|
well-being; and |
|
(3) the grandparent requesting possession of or access |
|
to the child is a parent of a parent of the child and that parent of |
|
the child: |
|
(A) has been incarcerated in jail or prison |
|
during the three-month period preceding the filing of the petition; |
|
(B) has been found by a court to be incompetent; |
|
(C) is dead; or |
|
(D) does not have actual or court-ordered |
|
possession of or access to the child. |
|
(b) An order granting possession of or access to a child by a |
|
grandparent that is rendered over a parent's objections must state, |
|
with specificity that: |
|
(1) at the time the relief was requested, at least one |
|
biological or adoptive parent of the child had not had that parent's |
|
parental rights terminated; |
|
(2) the grandparent requesting possession of or access |
|
to the child has overcome the presumption that a parent acts in the |
|
best interest of the parent's child by proving by a preponderance of |
|
the evidence that the denial of possession of or access to the child |
|
would significantly impair the child's physical health or emotional |
|
well-being; and |
|
(3) the grandparent requesting possession of or access |
|
to the child is a parent of a parent of the child and that parent of |
|
the child: |
|
(A) has been incarcerated in jail or prison |
|
during the three-month period preceding the filing of the petition; |
|
(B) has been found by a court to be incompetent; |
|
(C) is dead; or |
|
(D) does not have actual or court-ordered |
|
possession of or access to the child. |
|
SECTION 13. Section 153.502, Family Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(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: |
|
(A) quitting a job; |
|
(B) selling a primary residence; |
|
(C) terminating a lease; |
|
(D) closing bank accounts; |
|
(E) liquidating other assets; |
|
(F) hiding or destroying documents; |
|
(G) applying for a passport or visa or obtaining |
|
other travel documents for the parent or the child; or |
|
(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 |
|
(6) has a criminal history or a history of violating |
|
court orders. |
|
(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. |
|
SECTION 14. Section 153.551, Family Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) A [The] sibling described by Subsection (a) [of a child] |
|
may request access to the child in a suit filed for the sole purpose |
|
of requesting the relief, without regard to whether the appointment |
|
of a managing conservator is an issue in the suit. |
|
(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. |
|
SECTION 15. The heading to Subchapter K, Chapter 153, |
|
Family Code, is amended to read as follows: |
|
SUBCHAPTER K. PARENTING PLAN, [AND] PARENTING COORDINATOR, AND |
|
PARENTING FACILITATOR |
|
SECTION 16. Section 153.601, Family Code, is amended by |
|
amending Subdivision (3) and adding Subdivision (3-a) to read as |
|
follows: |
|
(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 |
|
(B) who: |
|
(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 |
|
(ii) is not appointed under another statute |
|
or a rule of civil procedure. |
|
(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 |
|
(B) who: |
|
(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 |
|
(ii) is not appointed under another statute |
|
or a rule of civil procedure. |
|
SECTION 17. Section 153.605, Family Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsection (d) to read |
|
as follows: |
|
(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 coordinator or assign a domestic |
|
relations office under Chapter 203 to appoint an employee or other |
|
person to serve as parenting coordinator [to assist the parties in
|
|
resolving parenting issues]. |
|
(b) The court may not appoint a parenting coordinator |
|
unless, after notice and hearing, the court makes a specific |
|
finding that: |
|
(1) the case is a high-conflict case[;] or |
|
[(2)] there is good cause shown for the appointment of |
|
a parenting coordinator and the appointment is in the best interest |
|
of any minor child in the suit; and |
|
(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). |
|
(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, or |
|
social study evaluator under Chapter 107, as a friend of the court |
|
under Chapter 202, or as a parenting facilitator under this |
|
subchapter. |
|
SECTION 18. Subchapter K, Chapter 153, Family Code, is |
|
amended by adding Section 153.6051 to read as follows: |
|
Sec. 153.6051. APPOINTMENT OF PARENTING FACILITATOR. (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. |
|
(b) The court may not appoint a parenting facilitator |
|
unless, after notice and hearing, the court makes a specific |
|
finding that: |
|
(1) the case is a high-conflict case or there is good |
|
cause shown for the appointment of a parenting facilitator and the |
|
appointment is in the best interest of any minor child in the suit; |
|
and |
|
(2) the person appointed has the minimum |
|
qualifications required by Section 153.6101, as documented by the |
|
person. |
|
(c) Notwithstanding any other provision of this subchapter, |
|
a party may at any time file a written objection to the appointment |
|
of a parenting facilitator 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. 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. 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. 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. |
|
SECTION 19. Section 153.606, Family Code, is amended by |
|
amending Subsections (a), (c), and (d) and adding Subsection (f) to |
|
read as follows: |
|
(a) The court shall specify the duties of a parenting |
|
coordinator [must be specified] in the order appointing the |
|
parenting coordinator. The duties of the parenting coordinator are |
|
limited to matters that will aid the parties in: |
|
(1) identifying disputed issues; |
|
(2) reducing misunderstandings; |
|
(3) clarifying priorities; |
|
(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; [and] |
|
(7) complying with the court's order regarding |
|
conservatorship or possession of and access to the child; |
|
(8) implementing parenting plans; |
|
(9) obtaining training regarding problem solving, |
|
conflict management, and parenting skills; and |
|
(10) settling disputes regarding parenting issues and |
|
reaching a proposed joint resolution or statement of intent |
|
regarding those disputes. |
|
(c) The parenting coordinator may not modify any order, |
|
judgment, or decree. [If a suit is pending, any agreement made by
|
|
the parties with the assistance of the parenting coordinator must
|
|
be reduced to writing, signed by the parties and their attorneys, if
|
|
any, and filed with the court.] |
|
(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. |
|
(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. Docket No. 05-9107, June 13, |
|
2005). On request by the court, the parties, or the parties' |
|
attorneys, the parenting coordinator shall sign a statement of |
|
agreement to comply with those guidelines and submit the statement |
|
to the court on acceptance of the appointment. A failure to comply |
|
with the guidelines is grounds for removal of the parenting |
|
coordinator. |
|
SECTION 20. Subchapter K, Chapter 153, Family Code, is |
|
amended by adding Section 153.6061 to read as follows: |
|
Sec. 153.6061. DUTIES OF PARENTING FACILITATOR. (a) The |
|
court shall specify the duties of a parenting facilitator in the |
|
order appointing the parenting facilitator. The duties of the |
|
parenting facilitator are limited to those matters described with |
|
regard to a parenting coordinator under Section 153.606(a), except |
|
that the parenting facilitator may also monitor compliance with |
|
court orders. |
|
(b) A parenting facilitator appointed under this subchapter |
|
shall comply with the standard of care applicable to the |
|
professional license held by the parenting facilitator in |
|
performing the parenting facilitator's duties. |
|
(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 |
|
(2) the authority to exercise management and control |
|
of the suit. |
|
(d) The parenting facilitator may not modify any order, |
|
judgment, or decree. |
|
(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. |
|
SECTION 21. Section 153.607, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.607. PRESUMPTION OF GOOD FAITH; REMOVAL OF |
|
PARENTING COORDINATOR. (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). |
|
(a-1) Except as otherwise provided by this section, the |
|
court may [shall reserve the right to] remove the parenting |
|
coordinator in the court's discretion. |
|
(b) The court shall remove the parenting coordinator: |
|
(1) on the request and agreement of all [both] |
|
parties; [or] |
|
(2) on the request of the parenting coordinator; |
|
(3) on the motion of a party, if good cause is shown; |
|
or |
|
(4) if the parenting coordinator ceases to satisfy the |
|
minimum qualifications required by Section 153.610. |
|
SECTION 22. Subchapter K, Chapter 153, Family Code, is |
|
amended by adding Sections 153.6071, 153.6081, 153.6082, 153.6083, |
|
and 153.6091 to read as follows: |
|
Sec. 153.6071. PRESUMPTION OF GOOD FAITH; REMOVAL OF |
|
PARENTING FACILITATOR. (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. |
|
(b) Except as otherwise provided by this section, the court |
|
may remove the parenting facilitator in the court's discretion. |
|
(c) The court shall remove the parenting facilitator: |
|
(1) on the request and agreement of all parties; |
|
(2) on the request of the parenting facilitator; |
|
(3) on the motion of a party, if good cause is shown; |
|
or |
|
(4) if the parenting facilitator ceases to satisfy the |
|
minimum qualifications required by Section 153.6101. |
|
Sec. 153.6081. REPORT OF PARENTING FACILITATOR. A |
|
parenting facilitator shall submit a written report to the court |
|
and to the parties as ordered by the court. The report may include a |
|
recommendation described by Section 153.6082(e) and any other |
|
information required by the court, except that the report may not |
|
include recommendations regarding the conservatorship of or the |
|
possession of or access to the child who is the subject of the suit. |
|
Sec. 153.6082. REPORT OF JOINT PROPOSAL OR STATEMENT OF |
|
INTENT; AGREEMENTS AND RECOMMENDATIONS. (a) If the parties have |
|
been ordered by the court to attempt to settle parenting issues with |
|
the assistance of a parenting coordinator or parenting facilitator |
|
and to attempt to reach a proposed joint resolution or statement of |
|
intent regarding the dispute, the parenting coordinator or |
|
parenting facilitator, as applicable, shall submit a written report |
|
describing the parties' joint proposal or statement to the parties, |
|
any attorneys for the parties, and any attorney for the child who is |
|
the subject of the suit. |
|
(b) The proposed joint resolution or statement of intent is |
|
not an agreement unless the resolution or statement is: |
|
(1) prepared by the parties' attorneys, if any, in a |
|
form that meets the applicable requirements of: |
|
(A) Rule 11, Texas Rules of Civil Procedure; |
|
(B) a mediated settlement agreement described by |
|
Section 153.0071; |
|
(C) a collaborative law agreement described by |
|
Section 153.0072; |
|
(D) a settlement agreement described by Section |
|
154.071, Civil Practice and Remedies Code; or |
|
(E) a proposed court order; and |
|
(2) incorporated into an order signed by the court. |
|
(c) A parenting coordinator or parenting facilitator may |
|
not draft a document listed in Subsection (b)(1). |
|
(d) The actions of a parenting coordinator or parenting |
|
facilitator under this section do not constitute the practice of |
|
law. |
|
(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. A recommendation |
|
authorized by this subsection does not affect the terms of an |
|
existing court order. |
|
Sec. 153.6083. COMMUNICATIONS AND RECORDKEEPING OF |
|
PARENTING FACILITATOR. (a) Notwithstanding any rule, standard of |
|
care, or privilege applicable to the professional license held by a |
|
parenting facilitator, a communication made by a participant in |
|
parenting facilitation is subject to disclosure and may be offered |
|
in any judicial or administrative proceeding, if otherwise |
|
admissible under the rules of evidence. The parenting facilitator |
|
may be required to testify in any proceeding relating to or arising |
|
from the duties of the parenting facilitator, including as to the |
|
basis for any recommendation made to the parties that arises from |
|
the duties of the parenting facilitator. |
|
(b) A parenting facilitator shall keep a detailed record |
|
regarding meetings and contacts with the parties, attorneys, or |
|
other persons involved in the suit. |
|
(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. |
|
(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. |
|
(e) A parenting facilitator shall keep parenting |
|
facilitation records from the suit until the seventh anniversary of |
|
the date the facilitator's services are terminated, unless a |
|
different retention period is established by a rule adopted by the |
|
licensing authority that issues the professional license held by |
|
the parenting facilitator. |
|
Sec. 153.6091. COMPENSATION OF PARENTING FACILITATOR. |
|
Section 153.609 applies to the compensation of a parenting |
|
facilitator in the same manner as provided for the compensation of a |
|
parenting coordinator. |
|
SECTION 23. Section 153.610, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.610. QUALIFICATIONS OF PARENTING COORDINATOR. (a) |
|
The court shall determine the required qualifications of a |
|
parenting coordinator, provided that a parenting coordinator must |
|
have experience working in a field relating to families, have |
|
practical experience with high-conflict cases or litigation |
|
between parents, and [at least]: |
|
(1) hold at least: |
|
(A) a bachelor's degree in counseling, |
|
education, family studies, psychology, or social work [and, unless
|
|
waived by the court, complete a parenting coordinator course of at
|
|
least 16 hours]; or |
|
(B) [(2) hold] a graduate degree in a mental |
|
health profession, with an emphasis in family and children's |
|
issues; or |
|
(2) be licensed in good standing as an attorney in this |
|
state. |
|
(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 |
|
(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. |
|
(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. |
|
(d) The actions of a parenting coordinator who is not an |
|
attorney do not constitute the practice of law. |
|
SECTION 24. Subchapter K, Chapter 153, Family Code, is |
|
amended by adding Sections 153.6101 and 153.6102 to read as |
|
follows: |
|
Sec. 153.6101. QUALIFICATIONS OF PARENTING FACILITATOR. |
|
(a) The court shall determine whether the qualifications of a |
|
proposed parenting facilitator satisfy the requirements of this |
|
section. 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. |
|
(b) A parenting facilitator must: |
|
(1) hold a license to practice in this state as a |
|
social worker, licensed professional counselor, licensed marriage |
|
and family therapist, psychologist, or attorney; and |
|
(2) have completed at least: |
|
(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 |
|
(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. |
|
(c) The actions of a parenting facilitator who is not an |
|
attorney do not constitute the practice of law. |
|
Sec. 153.6102. PARENTING FACILITATOR; CONFLICTS OF |
|
INTEREST AND BIAS. (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 |
|
(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. |
|
(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) 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. |
|
(c) A parenting facilitator, before accepting appointment |
|
in a suit, must disclose to the court, each attorney for a party, |
|
any attorney for a child who is the subject of the suit, and any |
|
party who does not have an attorney: |
|
(1) a pecuniary relationship with an attorney, party, |
|
or child in the suit; |
|
(2) a relationship of confidence or trust with an |
|
attorney, party, or child in the suit; and |
|
(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. |
|
(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. |
|
(e) A parenting facilitator may not serve in any other |
|
professional capacity at any other time with any person who is a |
|
party to, or the subject of, the suit in which the person serves as |
|
parenting facilitator, or with any member of the family of a party |
|
or subject. A person who, before appointment as a parenting |
|
facilitator in a suit, served in any other professional capacity |
|
with a person who is a party to, or subject of, the suit, or with any |
|
member of the family of a party or subject, may not serve as |
|
parenting facilitator in a suit involving any family member who is a |
|
party to or subject of the suit. This subsection does not apply to a |
|
person whose only other service in a professional capacity with a |
|
family or any member of a family that is a party to or the subject of |
|
a suit to which this section applies is as a teacher of coparenting |
|
skills in a class conducted in a group setting. For purposes of |
|
this subsection, "family" has the meaning assigned by Section |
|
71.003. |
|
(f) A parenting facilitator shall promptly and |
|
simultaneously disclose to each party's attorney, any attorney for |
|
a child who is a subject of the suit, and any party who does not have |
|
an attorney the existence and substance of any communication |
|
between the parenting facilitator and another person, including a |
|
party, a party's attorney, a child who is the subject of the suit, |
|
and any attorney for a child who is the subject of the suit, if the |
|
communication occurred outside of a parenting facilitator session |
|
and involved the substance of parenting facilitation. |
|
SECTION 25. Chapter 153, Family Code, is amended by adding |
|
Subchapter L to read as follows: |
|
SUBCHAPTER L. MILITARY DUTY |
|
Sec. 153.701. DEFINITIONS. In this subchapter: |
|
(1) "Designated person" means the person ordered by |
|
the court to temporarily exercise a conservator's rights, duties, |
|
and periods of possession and access with regard to a child during |
|
the conservator's military deployment, military mobilization, or |
|
temporary military duty. |
|
(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. |
|
(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. The term |
|
does not include National Guard or Reserve annual training. |
|
(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. |
|
Sec. 153.702. TEMPORARY ORDERS. (a) If a conservator is |
|
ordered to military deployment, military mobilization, or |
|
temporary military duty that involves moving a substantial distance |
|
from the conservator's residence so as to materially affect the |
|
conservator's ability to exercise the conservator's rights and |
|
duties in relation to a child, either conservator may file for an |
|
order under this subchapter. |
|
(b) The court may render a temporary order in a proceeding |
|
under this subchapter regarding: |
|
(1) possession of or access to the child; or |
|
(2) child support. |
|
(c) A temporary order rendered by the court under this |
|
subchapter may grant rights to and impose duties on a designated |
|
person regarding the child, except the court may not require the |
|
designated person to pay child support. |
|
(d) After a conservator's military deployment, military |
|
mobilization, or temporary military duty is concluded, and the |
|
conservator returns to the conservator's usual residence, the |
|
temporary orders under this section terminate and the rights of all |
|
affected parties are governed by the terms of any court order |
|
applicable when the conservator is not ordered to military |
|
deployment, military mobilization, or temporary military duty. |
|
Sec. 153.703. APPOINTING DESIGNATED PERSON FOR CONSERVATOR |
|
WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (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 |
|
(3) if appointing the conservator described by |
|
Subdivision (1) or the person chosen under Subdivision (2) is not in |
|
the child's best interest, another person chosen by the court. |
|
(b) A designated person named 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. |
|
(c) The court may limit or expand the rights of a nonparent |
|
named as a designated person in a temporary order rendered under |
|
this section as appropriate to the best interest of the child. |
|
Sec. 153.704. APPOINTING DESIGNATED PERSON TO EXERCISE |
|
VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE |
|
PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. (a) If the |
|
court appoints the conservator without the exclusive right to |
|
designate the primary residence of the child under Section |
|
153.703(a)(1), the court may award visitation with the child to a |
|
designated person chosen by the conservator with the exclusive |
|
right to designate the primary residence of the child. |
|
(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. |
|
(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 |
|
(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. |
|
(d) 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. |
|
Sec. 153.705. APPOINTING DESIGNATED PERSON TO EXERCISE |
|
VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE |
|
PRIMARY RESIDENCE OF CHILD. (a) If the conservator without 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 award visitation with the |
|
child to a designated person chosen by the conservator, if the |
|
visitation is in the best interest of the child. |
|
(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; |
|
(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 designated person has |
|
possession of the child; and |
|
(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. |
|
(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. |
|
Sec. 153.706. TEMPORARY ORDER FOR CHILD SUPPORT. A |
|
temporary order rendered under this subchapter may result in a |
|
change of circumstances sufficient to justify a temporary order |
|
modifying the child support obligations of a party. |
|
Sec. 153.707. EXPEDITED HEARING. (a) On a motion by the |
|
conservator who has been ordered to military deployment, military |
|
mobilization, or temporary military duty, the court shall, for good |
|
cause shown, hold an expedited hearing if the court finds that the |
|
conservator's military duties have a material effect on the |
|
conservator's ability to appear in person at a regularly scheduled |
|
hearing. |
|
(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. |
|
(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. |
|
Sec. 153.708. ENFORCEMENT. Temporary orders rendered under |
|
this subchapter may be enforced by or against the designated person |
|
to the same extent that an order would be enforceable against the |
|
conservator who has been ordered to military deployment, military |
|
mobilization, or temporary military duty. |
|
Sec. 153.709. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. |
|
(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 |
|
(2) award the conservator additional periods of |
|
possession of or access to the child to compensate for the periods |
|
described by Subdivision (1). |
|
(b) If the conservator described by Subsection (a) |
|
petitions the court under Subsection (a), the court: |
|
(1) shall compute the periods of possession or access |
|
to the child described by Subsection (a)(1); 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 |
|
(B) the award of additional periods of possession |
|
of or access to the child is in the best interest of the child. |
|
(c) In making the determination under Subsection (b)(2), |
|
the court: |
|
(1) shall consider: |
|
(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 |
|
(2) is not required to award additional periods of |
|
possession of or access to the child that equals the possession or |
|
access to which the conservator would have been entitled during the |
|
conservator's military deployment, military mobilization, or |
|
temporary military duty, as computed under Subsection (b)(1). |
|
(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. |
|
SECTION 26. Section 156.002, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The sibling of a child who is separated from the child |
|
because of the actions of the Department of Family and Protective |
|
Services may file a suit for modification requesting access to the |
|
child in the court with continuing, exclusive jurisdiction. |
|
SECTION 27. Section 156.006, Family Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) While a suit for modification is pending, the court may |
|
not render a temporary order that has the effect of changing the |
|
designation of the person who has the exclusive right to designate |
|
the primary residence of the child under the final order unless the |
|
temporary order is in the best interest of the child and: |
|
(1) the order is necessary because the child's present |
|
circumstances would significantly impair the child's physical |
|
health or emotional development; |
|
(2) the person designated in the final order has |
|
voluntarily relinquished the primary care and possession of the |
|
child for more than six months [and the temporary order is in the
|
|
best interest of the child]; or |
|
(3) the child is 12 years of age or older and has |
|
expressed to [filed with] the court in chambers as provided by |
|
Section 153.009 [in writing] the name of the person who is the |
|
child's preference to have the exclusive right to designate the |
|
primary residence of the child [and the temporary order designating
|
|
that person is in the best interest of the child]. |
|
(c) Subsection (b)(2) does not apply to a conservator who |
|
has the exclusive right to designate the primary residence of the |
|
child and who has temporarily relinquished the primary care and |
|
possession of the child to another person during the conservator's |
|
military deployment, military mobilization, or temporary military |
|
duty, as those terms are defined by Section 153.701. |
|
SECTION 28. Section 156.101, Family Code, is amended to |
|
read as follows: |
|
Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER |
|
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. (a) The |
|
court may modify an order that provides for the appointment of a |
|
conservator of a child, that provides the terms and conditions of |
|
conservatorship, or that provides for the possession of or access |
|
to a child if modification would be in the best interest of the |
|
child and: |
|
(1) the circumstances of the child, a conservator, or |
|
other party affected by the order have materially and substantially |
|
changed since the earlier of: |
|
(A) the date of the rendition of the order; or |
|
(B) the date of the signing of a mediated or |
|
collaborative law settlement agreement on which the order is based; |
|
(2) the child is at least 12 years of age and has |
|
expressed to [filed with] the court in chambers as provided by |
|
Section 153.009 [, in writing,] the name of the person who is the |
|
child's preference to have the exclusive right to designate the |
|
primary residence of the child; or |
|
(3) the conservator who has the exclusive right to |
|
designate the primary residence of the child has voluntarily |
|
relinquished the primary care and possession of the child to |
|
another person for at least six months. |
|
(b) Subsection (a)(3) does not apply to a conservator who |
|
has the exclusive right to designate the primary residence of the |
|
child and who has temporarily relinquished the primary care and |
|
possession of the child to another person during the conservator's |
|
military deployment, military mobilization, or temporary military |
|
duty, as those terms are defined by Section 153.701. |
|
SECTION 29. Section 156.102, Family Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) Subsection (b)(3) does not apply to a person who has the |
|
exclusive right to designate the primary residence of the child and |
|
who has temporarily relinquished the primary care and possession of |
|
the child to another person during the conservator's military |
|
deployment, military mobilization, or temporary military duty, as |
|
those terms are defined by Section 153.701. |
|
SECTION 30. Section 156.105, Family Code, is amended to |
|
read as follows: |
|
Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY DUTY |
|
[DEPLOYMENT]. [(a)
In this section, "military deployment" means
|
|
military duty ordered for a period of more than six months during
|
|
which the person ordered to duty:
|
|
[(1)
is not provided the option of being accompanied
|
|
by the person's child; and
|
|
[(2)
is serving in a location where access to the
|
|
person's child is not reasonably possible.
|
|
[(b)] The military duty of a conservator who is ordered to |
|
military deployment, military mobilization, or temporary military |
|
duty, as those terms are defined by Section 153.701, does not by |
|
itself constitute [of a person who is a possessory conservator or a
|
|
joint managing conservator without the exclusive right to designate
|
|
the primary residence of the child is] a material and substantial |
|
change of circumstances sufficient to justify a modification of an |
|
existing court order or portion of a decree that sets the terms and |
|
conditions for the possession of or access to a child except that |
|
the court may render a temporary order under Subchapter L, Chapter |
|
153. |
|
[(c)
If the court determines that modification is in the
|
|
best interest of the child, the court may modify the order or decree
|
|
to provide in a manner consistent with Section 153.3161 for
|
|
possession of the child during the period of the military
|
|
deployment by a person designated by the deployed conservator.] |
|
SECTION 31. Sections 153.008, 153.137, 153.3161, 153.552, |
|
and 156.410, Family Code, are repealed. |
|
SECTION 32. (a) Not later than March 1, 2011, each state |
|
agency listed in this subsection shall adopt rules establishing |
|
parenting facilitator practice standards consistent with Section |
|
153.6101, Family Code, as added by this Act, applicable to the |
|
agency's license holders who serve as parenting facilitators. The |
|
practice standards must be at least as detailed and rigorous as |
|
those contained in the report entitled "Guidelines for Parenting |
|
Coordination" developed by the Association of Family and |
|
Conciliation Courts Task Force on Parenting Coordination, dated May |
|
2005. The practice standards required by this section must contain |
|
a minimum number of hours of classroom training in the practice |
|
standards that must be completed by each license holder who wishes |
|
to be eligible to serve as a parenting facilitator. This subsection |
|
applies to the: |
|
(1) State Bar of Texas; |
|
(2) Texas State Board of Examiners of Psychologists; |
|
(3) Texas State Board of Examiners of Marriage and |
|
Family Therapists; |
|
(4) Texas State Board of Examiners of Professional |
|
Counselors; and |
|
(5) Texas State Board of Social Worker Examiners. |
|
(b) Notwithstanding Section 153.6101(b), Family Code, as |
|
added by this Act, after March 1, 2011, a person who holds a license |
|
from a state agency listed in Subsection (a) of this section may not |
|
be appointed to serve as a parenting facilitator if: |
|
(1) the agency has not adopted parenting facilitator |
|
practice standards as required by Subsection (a) of this section; |
|
or |
|
(2) the license holder has not completed the minimum |
|
number of hours of classroom training contained in the practice |
|
standards. |
|
(c) Notwithstanding any other provision of this section or |
|
any other law, a person who satisfies the qualifications to be a |
|
parenting coordinator in effect immediately before the effective |
|
date of this Act is not required to comply with the requirements |
|
imposed by Section 153.610, Family Code, as amended by this Act, |
|
until September 1, 2010, to be qualified to serve as a parenting |
|
coordinator under Subchapter K, Chapter 153, Family Code, as |
|
amended by this Act, and the former law is continued in effect for |
|
that purpose. |
|
(d) Notwithstanding Section 153.610, Family Code, as |
|
amended by this Act, or Section 153.6101, Family Code, as added by |
|
this Act, a person who is employed by a domestic relations office, |
|
as defined by Section 203.001, Family Code, before September 1, |
|
2009, may serve as a parenting coordinator or parenting facilitator |
|
under Subchapter K, Chapter 153, Family Code, as amended by this |
|
Act, if, on the effective date of this Act, the person satisfies the |
|
qualifications to be a parenting coordinator under Subchapter K, |
|
Chapter 153, Family Code, in effect immediately before the |
|
effective date of this Act. |
|
(e) Notwithstanding Section 153.6101(b)(1), Family Code, as |
|
added by this Act, a person who has served as parenting coordinator |
|
in a case under Subchapter K, Chapter 153, Family Code, before the |
|
effective date of this Act may be appointed to serve as parenting |
|
facilitator under Subchapter K, Chapter 153, Family Code, as |
|
amended by this Act, in another case if, on the effective date of |
|
this Act, the person satisfies all other qualifications to serve as |
|
a parenting facilitator, is enrolled in a graduate course of study |
|
at an accredited college or university, and obtains a license |
|
described by Section 153.6101(b)(1), Family Code, as added by this |
|
Act, on or before September 1, 2011. |
|
SECTION 33. (a) Sections 102.0045, 153.432, 153.433, |
|
153.502, 153.551, 156.002, 156.102, and 156.105, Family Code, as |
|
amended by this Act, and Sections 156.006(c) and 156.101(b), Family |
|
Code, as added by this Act, apply only to a suit affecting the |
|
parent-child relationship pending in a trial court on or filed on or |
|
after the effective date of this Act. |
|
(b) Sections 153.311, 153.312, 153.313, 153.314, 153.315, |
|
and 153.317, Family Code, as amended by this Act, and Section |
|
153.3101, Family Code, as added by this Act, apply only to a court |
|
order providing for possession of or access to a child rendered on |
|
or after the effective date of this Act. A court order rendered |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the order was rendered, and the former law is |
|
continued in effect for that purpose. |
|
(c) Section 156.006(b), Family Code, as amended by this Act, |
|
and Section 156.101(a), Family Code, as added by this Act, apply to |
|
a suit for modification filed on or after the effective date of this |
|
Act. A suit for modification filed before that date is governed by |
|
the law in effect on the date the suit was filed, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 34. This Act takes effect September 1, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1012 was passed by the House on April |
|
30, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1012 on May 29, 2009, by the following vote: Yeas 102, Nays 41, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1012 was passed by the Senate, with |
|
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |