Texas Family Code - Section 153.3161. Limited Possession During Military Deployment
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§ 153.3161. LIMITED POSSESSION DURING MILITARY
DEPLOYMENT. (a) In addition to the general terms and conditions of
possession required by Section 153.316, if a possessory conservator
or a joint managing conservator of the child without the exclusive
right to designate the primary residence of the child is currently a
member of the armed forces of the state or the United States or is
reasonably expected to join those forces, the court shall:
(1) permit that conservator to designate a person who
may exercise limited possession of the child during any period that
the conservator is deployed outside of the United States; and
(2) if the conservator elects to designate a person
under Subdivision (1), provide in the order for limited possession
of the child by the designated person under those circumstances,
subject to the court's determination that the limited possession is
in the best interest of the child.
(b) If the court determines that the limited possession is
in the best interest of the child, the court shall provide in the
order that during periods of deployment:
(1) the designated person has the right to possession
of the child on the first weekend of each month beginning at 6 p.m.
on Friday and ending at 6 p.m. on Sunday;
(2) the other parent shall surrender the child to the
designated person at the beginning of each period of possession at
the other parent's residence;
(3) the designated person shall return the child to
the other parent's residence at the end of each period of
possession;
(4) the child's other parent and the designated person
are subject to the requirements of Sections 153.316(5)-(9);
(5) the designated person 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
(6) the designated person is subject to any provision
in a court order restricting or prohibiting access to the child by
any specified individual.
(c) After the deployment is concluded, and the deployed
parent returns to that parent's usual residence, the designated
person's right to limited possession under this section terminates
and the rights of all affected parties are governed by the terms of
any court order applicable when a parent is not deployed.
Added by Acts 2005, 79th Leg., ch. 916, § 13, eff. June 18, 2005.
Section: 153.258 153.311 153.312 153.313 153.314 153.315 153.316 153.3161 153.317 153.371 153.372 153.3721 153.373 153.374 153.375
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Last modified: August 10, 2007
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