Texas Family Code - Section 153.602. Requirement For Temporary Parenting Plan

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§ 153.602. REQUIREMENT FOR TEMPORARY PARENTING PLAN.  (a) 
A temporary order that establishes a conservatorship in a suit 
affecting the parent-child relationship must incorporate a 
temporary parenting plan.  The temporary parenting plan must comply 
with the requirements for a final parenting plan under Section 
153.603.
	(b)  Subject to Subsection (c), if the parties cannot agree 
to a temporary parenting plan, the court may, on the motion of a 
party or on the court's own motion, order the parties to participate 
in a dispute resolution process to establish a temporary parenting 
plan.
	(c)  At any time before the court orders the parties to 
participate in a dispute resolution process under Subsection (b), a 
party may file a written objection to the referral of the suit to a 
dispute resolution process 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, 
the suit may not be referred to a dispute resolution process 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 
the suit is referred to a dispute resolution process, 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 dispute resolution process.
	(d)  If a dispute resolution process is not available or is 
not successful, a party may request and the court may order an 
expedited hearing to establish a temporary parenting plan.

Added by Acts 2005, 79th Leg., ch. 482, § 2, eff. Sept. 1, 2005.           

Another Subchapter J, Rights of Siblings, consisting of Secs. 
153.551 and 153.552, was added by Acts 2005, 79th Leg., ch. 1191, 
§ 2.

Last modified: August 10, 2007