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Texas Family Code - Section 153.316. General Terms And Conditions

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 153.316. General Terms And Conditions

§ 153.316. GENERAL TERMS AND CONDITIONS.  The court shall 
order the following general terms and conditions of possession of a 
child to apply without regard to the distance between the residence 
of a parent and the child:
		(1)  the managing conservator shall surrender the child 
to the possessory conservator at the beginning of each period of the 
possessory conservator's possession at the residence of the 
managing conservator;
		(2)  if the possessory conservator elects to begin a 
period of possession at the time the child's school is regularly 
dismissed, the managing conservator shall surrender the child to 
the possessory conservator at the beginning of each period of 
possession at the school in which the child is enrolled;
		(3)  the possessory conservator shall be ordered to do 
one of the following:
			(A)  the possessory conservator shall surrender 
the child to the managing conservator at the end of each period of 
possession at the residence of the possessory conservator;  or
			(B)  the possessory conservator shall return the 
child to the residence of the managing conservator at the end of 
each period of possession, except that the order shall provide that 
the possessory conservator shall surrender the child to the 
managing conservator at the end of each period of possession at the 
residence of the possessory conservator if:
				(i)  at the time the original order or a 
modification of an order establishing terms and conditions of 
possession or access the possessory conservator and the managing 
conservator lived in the same county, the possessory conservator's 
county of residence remains the same after the rendition of the 
order, and the managing conservator's county of residence changes, 
effective on the date of the change of residence by the managing 
conservator;  or
				(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 shall be deemed to have been timely 
made if received or postmarked before or at the time that notice is 
due;  and
		(9)  if a conservator's time of possession of a child 
ends at the time school resumes and for any reason the child is not 
or will not be returned to school, the conservator in possession of 
the child shall immediately notify the school and the other 
conservator that the child will not be or has not been returned to 
school.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 751, § 37, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 9, § 1, eff. Sept. 1, 1997.

Last modified: August 11, 2007