153.601. (2) on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child. 1181 (H.B. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. 972 (S.B. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. 555), Sec. Acts 2005, 79th Leg., Ch. 1, eff. 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. 1, eff. April 20, 1995. 1216), Sec. 1036, Sec. Added by Acts 1995, 74th Leg., ch. (b) Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court. Permanent Managing Conservatorship (PMC) is a legal term in Texas used in child custody cases. Amended by Acts 1995, 74th Leg., ch. 1012), Sec. If you decide to be permanent managing conser - vator, be sure to ask the Department of Family Protective Services or the child's . (a) If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to: (1) participate in counseling with a mental health professional who: (B) has a mental health license that requires as a minimum a master's degree; and, (C) has training in domestic violence if the court determines that the training is relevant to the type of counseling needed; and. /Type/XObject (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. (c) It is preferable for all children in a family to be together during periods of possession. For grandparents and other nonparents. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. Acts 2015, 84th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Sec. 20, Sec. As permanent managing conservator, you are responsible for enforcing and attempting to collect child support if the parents are ordered to pay. Acts 2009, 81st Leg., R.S., Ch. (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. 612, Sec. (B) the award of additional periods of possession of or access to the child is in the best interest of the child. 949, Sec. 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. Sept. 1, 1995. 2, eff. 9, eff. Added by Acts 1995, 74th Leg., ch. 153.432. Sept. 1, 1999; Acts 2001, 77th Leg., ch. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. 1113 (H.B. 9, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Adoption is the best choice for a child in CPS care when its September 1, 2009. April 2, 2015. September 1, 2015. 896 (H.B. Added by Acts 2005, 79th Leg., Ch. September 1, 2017. Enroll the child in a day-care program or school, including prekindergarten. 1113 (H.B. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and. Acts 2007, 80th Leg., R.S., Ch. (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). 20, Sec. Texas law says that parents should usually be named joint managing conservators. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. Acts 2005, 79th Leg., Ch. 1, eff. (b) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Friday during the regular school term, as determined by the school in which the child is enrolled, or with a federal, state, or local holiday that falls on a Friday during the summer months in which school is not in session, the weekend possession shall begin at 6 p.m. on Thursday. 153.3171. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2 0 obj ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR. 3203), Sec. June 18, 2005. Then, CPS may suggest to the court to end the parents rights to the child and place the child with another family permanently. 153.702. Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order. Sec. I need to respond to a custody case (SAPCR), How to File an Answer in a Family Law Case, Office of the Attorney General Child Support Division, Grandparents & Other Nonparent Caregivers. June 18, 2005. Acts 2009, 81st Leg., R.S., Ch. 153.6081. 153.256. 1936), Sec. l DA = 1 prJ XUvK~|HWBE_^> If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. 1237), Sec. 555), Sec. September 1, 2009. April 20, 1995. 12(1), eff. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Sec. These benefits may last until age 21 if the child is age 16 or older when you sign the Permanency Care Assistance (PCA) Agreement, and the child meets certain educational/vocational requirements. 153.434. 1, eff. >> (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. (a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. PARENT APPOINTED AS CONSERVATOR: IN GENERAL. Sec. Call one of the organizations listed below for more information: In an emergency, call 911. The notice must include a description of the offense that is the basis of the person's requirement to register as a sex offender or of the offense with which the person is charged. 1012), Sec. Amended by Acts 1995, 74th Leg., ch. Usually that adult is a parent but that is not always the case. Amended by Acts 2003, 78th Leg., ch. Sec. 1012), Sec. Sec. Added by Acts 1995, 74th Leg., ch. 482 (H.B. APPOINTMENT OF PARENTING FACILITATOR. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. 99 (S.B. How to get a divorce when you and your spouse have children younger than 18 (or still in high school). Acts 2021, 87th Leg., R.S., Ch. 153.602. Before you can adopt a CPS child, you must first complete the training and approval process. EMPLOYMENT PREFERENCE. After an objection is filed, a parenting coordinator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. 260), Sec. Sec. % The term "permanent managing conservatorship" is much more prominent in states like Texas, where it is used in child custody cases that deal with parental rights, family, divorce, and other such matters. The Texas Department of Family and Protective Services (DFPS) refers adults or youth aging out of conservatorship to HHS that they think need a guardian. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order. 11(2), eff. The agreement must state whether the arbitration is binding or non-binding. 1193, Sec. (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. A person with court ordered custody of a child is called a conservator.. The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator. Added by Acts 2009, 81st Leg., R.S., Ch. 153.314. (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. Docket No. Amended by Acts 1999, 76th Leg., ch. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1166 (S.B. Staff must document their permanency efforts in the childs service plans and court permanency and placement review reports. 1. Sec. April 20, 1995. In Texas, the legal word for child custody is conservatorship. This article explains child custody (conservatorship) in Texas, different types of conservatorship, how to file or respond to a custody case, and more. 555), Sec. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the caregiving provided to the child before and during the current suit; (2) the effect on the child that may result from separation from either party; (3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child; (4) the physical, medical, behavioral, and developmental needs of the child; (5) the physical, medical, emotional, economic, and social conditions of the parties; (6) the impact and influence of individuals, other than the parties, who will be present during periods of possession; (7) the presence of siblings during periods of possession; (8) the child's need to develop healthy attachments to both parents; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of the parties; (11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (B) minimal or inconsistent contact with the child by a party; (12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and. If DFPS asks for a legal removal of a child, that means they will be asking a court to name DFPS the Temporary Managing Conservator of a child. (a) The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator. I need a custody order. Permanency Care Assistance is provided to people who assume managing conservatorship of a child previously in the temporary or permanent managing conservatorship of DFPS. 1 (S.B. Acts 2013, 83rd Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 751, Sec. 907 (H.B. 20, Sec. 153.004. B. 1181 (H.B. This guide tells you how to modify an existing custody, visitation, child support, and medical/dental support order. 2, eff. (B) specifies that the conservator may designate the child's primary residence without regard to geographic location; (2) specifies the rights and duties of each parent regarding the child's physical care, support, and education; (3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151; (5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and. September 1, 2009. Acts 2005, 79th Leg., Ch. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. EQUAL POSSESSION NOT REQUIRED. 10, eff. (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. Sec. endobj 1036, Sec. In many cases, the children may have already been living with the family as a kinship care or foster home so they are familiar with their new family. 153.134. Added by Acts 1995, 74th Leg., ch. (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. Sec. 86 (S.B. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION. SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR. 1, eff. (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. 219), Sec. 153.551. In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child. (c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall: (1) provide the other conservator with the e-mail address and other electronic communication access information of the child; (2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and. (b) If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan. 1191 (H.B. 3145), Sec. April 20, 1995. 153.312. Sept. 1, 1999; Acts 2003, 78th Leg., ch. ",#(7),01444'9=82. (a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators; and (2) if the parents are or will be separated, shall appoint at least one managing conservator. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 178, Sec. (2) be licensed in good standing as an attorney in this state. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. (d) The standard possession order is designed to apply to a child three years of age or older. The court can give PMC to someone other than a parent, including DFPS, a relative, a close family friend, or a foster parent. 153.193. 11, eff. 1.044, eff. Meanwhile, CPS will complete criminal and abuse and neglect background checks on everyone in your home age 14 or older. There is not a time limit regarding enrollment at a Texas state college. (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. Birth parents have no legal rights or duties regarding the child. SUBCHAPTER K. 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