Sec. 153.709. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to:
(1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and
(2) award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1).
(b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court:
(1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and
(2) may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that:
(A) the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and
(B) the award of additional periods of possession of or access to the child is in the best interest of the child.
(c) In making the determination under Subsection (b)(2), the court:
(1) shall consider:
(A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1);
(B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and
(C) any other factor the court considers appropriate; and
(2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1).
(d) After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
Section: Previous 153.6083 153.609 153.6091 153.610 153.6101 153.6102 153.611 153.701 153.702 153.703 153.704 153.705 153.707 153.708Last modified: September 28, 2016