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State Law
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Texas Family Code - Chapter 153 Conservatorship, Possession, And AccessLegal Research Home > Texas Lawyer > Family Code > Texas Family Code - Chapter 153 Conservatorship, Possession, And Access (a) The public policy of this state is to: (1) assure that children will have frequent and continuing contact with parents who have shown the ... The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and ... 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 ... (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of ... (a) In a suit, the court may appoint a sole managing conservator or may appoint joint managing conservators. If the parents are or will be ... (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators. (b) The court shall specify the rights and duties ... (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 ... (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. The agreement must state whether the ... (a) On a written agreement of the parties and their attorneys, a suit affecting the parent-child relationship may be conducted under collaborative law procedures. (b) ... A child 12 years of age or older may file with the court in writing the name of the person who is the child's preference ... (a) In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the ... (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 ... If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the ... The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as ... (a) If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that ... A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for ... If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be ... The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation ... (a) Unless limited by court order, a parent appointed as a conservator of a child has at all times the right: (1) to receive information ... Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the ... The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support. Added ... (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely ... (a) Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best ... Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and ... (a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators ... (a) If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators ... Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each ... The standard possession order provided by Subchapter F constitutes a presumptive minimum amount of time for possession of a child by a parent named as ... 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 ... The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that ... (a) Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B and ... The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession ... (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 ... In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: (1) provides reasonable minimum possession of a child for ... The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession ... (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. (b) The court ... The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of ... In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the ... 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 ... Without regard to Rules 296 through 299, Texas Rules of Civil Procedure, in all cases in which possession of a child by a parent is ... The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance ... (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 ... 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 following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the ... (a) If a weekend period of possession of the possessory conservator coincides with a school holiday during the regular school term or with a federal, ... 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 ... (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 ... If a child is enrolled in school and the possessory conservator elects before or at the time of the rendition of the original or modification ... Unless limited by court order or other provisions of this chapter, a nonparent, licensed child-placing agency, or authorized agency appointed as a managing conservator of ... (a) A nonparent, authorized agency, or licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or ... 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 ... The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: (1) the ... (a) A parent may designate a competent person, authorized agency, or licensed child-placing agency to serve as managing conservator of the child in an unrevoked ... (a) A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of ... (a) Unless limited by court order or other provisions of this chapter, a nonparent, licensed child-placing agency, or authorized agency appointed as a possessory conservator ... A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the ... If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent ... (a) A biological or adoptive grandparent may request possession of or access to a grandchild by filing: (1) an original suit; or (2) a suit ... The court shall order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested, at ... A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild ... (a) In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a ... (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider ... If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of ... (a) The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services ... The court shall order reasonable access to a child by the child's sibling if the court finds that access is in the best interest of ... In this subchapter: (1) "Dispute resolution process" means a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter ... (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 ... (a) A final order in a suit affecting the parent-child relationship must incorporate a final parenting plan. A final parenting plan must: (1) establish the ... (a) In a suit for modification, a proposed parenting plan shall be filed with the court and served with the petition for modification and with ... (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint ... (a) The authority of a parenting coordinator must be specified in the order appointing the parenting coordinator and limited to matters that will aid the ... (a) Except as otherwise provided by this section, the court shall reserve the right to remove the parenting coordinator in the court's discretion. (b) The ... A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. In the report, ... (a) A court may not appoint a parenting coordinator, other than an employee described by Subsection (c) or a volunteer appointed under Subsection (d), unless ... (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must at least: (1) hold a bachelor's degree ... Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of ... Texas Lawyers
Last modified: August 10, 2007 |