786, Sec. 153.6102. Added by Acts 1995, 74th Leg., ch. EQUAL POSSESSION NOT REQUIRED. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (2) provide a safe, stable, and nonviolent environment for the child; and. June 14, 2019. 1113 (H.B. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. 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. Sec. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child. /Range[0 1 0 1 0 1 0 1] 153.312. 1181 (H.B. 421 (S.B. If a nonparent is named the sole managing conservator, both parents will usually be named possessory conservators. If a party is declared to be a sole managing conservator and the court does not otherwise limit the sole managing conservators rights with respect to the issuance of passports, then the sole managing conservator has the exclusive right to apply for, renew, and maintain passports for the children. September 1, 2013. /FunctionType 4 Acts 2007, 80th Leg., R.S., Ch. 153.258. (c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before the Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. (b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a). (b) Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child. 330, Sec. Sec. 20, Sec. 1.045, eff. 821), Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (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. The terms and conditions of the PCA Agreement originally signed by the kinship caregiver will also apply to the PCA-Successor. CONSERVATORSHIP, POSSESSION, AND ACCESS. 37, eff. 555), Sec. September 1, 2013. Sec. Read the law about custody (conservatorship) and visitation (possession) in Chapter 153 of the Texas Family Code. (d) If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan. 153.012. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and. This article about child custody explains some basic concepts such as conservatorship and the standard possession order. 20, Sec. (2) "Family violence" has the meaning assigned by Section 71.004. 1113 (H.B. 153.551. Meanwhile, CPS will complete criminal and abuse and neglect background checks on everyone in your home age 14 or older. 153.002. It is a good idea to talk with a lawyer about your situation (even if you decide not to hire one). 27, eff. PARENTS WHO RESIDE 100 MILES OR LESS APART. Where can I read the law about custody and visitation? 1, eff. April 2, 2015. Added by Acts 2009, 81st Leg., R.S., Ch. April 20, 1995. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. In determining whether to award electronic communication, the court shall consider: (1) whether electronic communication is in the best interest of the child; (2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and. Amended by Acts 1995, 74th Leg., ch. Except when a guardian of the childs estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the childs estate if the childs action is required by a state, the United States, or a foreign government. Sec. September 1, 2007. September 1, 2005. 153.135. 751, Sec. Amended by Acts 1999, 76th Leg., ch. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. (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 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. (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. 1 (S.B. 219), Sec. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. Then you will need special adoption training and an in-depth home screening. 153.372. DEFINITIONS. September 1, 2013. QUALIFICATIONS OF PARENTING COORDINATOR. The other parent is called the non-custodial parent.. (9) to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. 1, eff. (d) In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict. 153.605. September 1, 2015. 751, Sec. Sec. Usually that adult is a parent but that is not always the case. Sec. 907 (H.B. 236, Sec. Goals (ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator's county of residence remains the same and the managing conservator's county of residence changes after they no longer live in the same residence, effective on the date the order is rendered; (4) if the possessory conservator elects to end a period of possession at the time the child's school resumes, the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the school in which the child is enrolled; (5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession; (6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned; (7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent's right of possession for a specified period; (8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and. Once the court names you permanent managing conservator, the judge will dismiss DFPS from the case. 236, Sec. Gua para Padres Sobre el Cuidado Temporal, Gua para Padres Sobre las Investigaciones, Regional Children Statistics in DFPS Care, Find Your Birth Family or Biological Sibling. 153.432. (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. 2, eff. Acts 2021, 87th Leg., R.S., Ch. 32, eff. 1216), Sec. You must be approved to get any other benefits such as SNAP food benefits and TANF. A joint conservatorship order means the parents share decision-making about most issues, including education and healthcare. 2, eff. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. Yes. (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. September 1, 2009. April 20, 1995. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. 153.131. 555), Sec. (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. 1036, Sec. 1, eff. (3) the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child. This parent is called the custodial parent and the child usually lives primarily with this parent. 153.601. Added by Acts 2009, 81st Leg., R.S., Ch. Texas law says that parents should usually be named joint managing conservators. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. Court Resolution: Within 12 months of giving CPS temporary legal responsibility (temporary managing conservatorship) for a child, the court will either return your child to you or give permanent custody to a relative, a close family friend, or to CPS. 1, eff. 153.251. (b) A nonparent possessory conservator has any other right or duty specified in the order. (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. 555), Sec. /Type/XObject Acts 2005, 79th Leg., Ch. 1036, Sec. I need a custody order. Sept. 1, 1997. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. 10, eff. (b) A parenting facilitator who, after being appointed in a suit, discovers that the parenting facilitator has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of the suit shall: (1) immediately disclose the conflict or previous knowledge to the court, each attorney for a party, any attorney for a child, and any party who does not have an attorney; and. 153.191. 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. (2) an agreed parenting plan described by Section 153.007; (3) a mediated settlement agreement described by Section 153.0071; (4) a collaborative law agreement described by Section 153.0072; or. We urge you to discuss this information with the childs caseworker. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. 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. Sec. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. What is Permanent Managing Conservatorship? September 1, 2009. 1113 (H.B. (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or. 219), Sec. 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. 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. 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