SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 153.001 - Public Policy
(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...
- Texas Section 153.002 - Best Interest Of Child
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...
- Texas Section 153.003 - No Discrimination Based On Sex Or Marital Status
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...
- Texas Section 153.004 - History Of Domestic Violence Or Sexual Abuse
(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...
- Texas Section 153.005 - Appointment Of Sole Or Joint Managing Conservator
(a) In a suit, except as provided by Section 153.004, the court: (1) may appoint a sole managing conservator or may appoint joint managing conservators;...
- Texas Section 153.006 - Appointment Of Possessory Conservator
(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...
- Texas Section 153.007 - Agreed Parenting Plan
(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...
- Texas Section 153.0071 - Alternate Dispute Resolution Procedures
(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...
- Texas Section 153.00715 - Determination Of Validity And Enforceability Of Contract Containing Agreement To Arbitrate
(a) If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and...
- Texas Section 153.009 - Interview Of Child In Chambers
(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...
- Texas Section 153.010 - Order For Family Counseling
(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...
- Texas Section 153.011 - Security Bond
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...
- Texas Section 153.012 - Right To Privacy; Deletion Of Personal Information In Records
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...
- Texas Section 153.013 - False Report Of Child Abuse
(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...
- Texas Section 153.014 - Visitation Centers And Visitation Exchange Facilities
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...
SUBCHAPTER B PARENT APPOINTED AS CONSERVATOR: IN GENERAL
- Texas Section 153.015 - Electronic Communication With Child By Conservator
(a) In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other...
- Texas Section 153.071 - Court To Specify Rights And Duties Of Parent Appointed A Conservator
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...
- Texas Section 153.072 - Written Finding Required To Limit Parental Rights And Duties
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...
- Texas Section 153.073 - Rights Of Parent At All Times
(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...
- Texas Section 153.074 - Rights And Duties During Period Of Possession
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...
- Texas Section 153.075 - Duties Of Parent Not Appointed Conservator
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...
SUBCHAPTER C PARENT APPOINTED AS SOLE OR JOINT MANAGING CONSERVATOR
- Texas Section 153.076 - Duty To Provide Information
(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...
- Texas Section 153.131 - Presumption That Parent To Be Appointed Managing Conservator
(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...
- Texas Section 153.132 - Rights And Duties Of Parent Appointed Sole Managing Conservator
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...
- Texas Section 153.133 - Parenting Plan For Joint Managing Conservatorship
(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...
- Texas Section 153.134 - Court-ordered Joint Conservatorship
(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...
- Texas Section 153.135 - Equal Possession Not Required
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...
SUBCHAPTER D PARENT APPOINTED AS POSSESSORY CONSERVATOR
- Texas Section 153.138 - Child Support Order Affecting Joint Conservators
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...
- Texas Section 153.191 - Presumption That Parent To Be Appointed Possessory Conservator
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...
- Texas Section 153.192 - Rights And Duties Of Parent Appointed Possessory Conservator
(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...
SUBCHAPTER E GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR
- Texas Section 153.193 - Minimal Restriction On Parent's Possession Or Access
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...
- Texas Section 153.251 - Policy And General Application Of Guidelines
(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...
- Texas Section 153.252 - Rebuttable Presumption
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...
- Texas Section 153.253 - Standard Possession Order Inappropriate Or Unworkable
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...
- Texas Section 153.254 - Child Less Than Three Years Of Age
(a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. In rendering the...
- Texas Section 153.255 - Agreement
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...
- Texas Section 153.256 - Factors For Court To Consider
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...
- Texas Section 153.257 - Means Of Travel
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...
SUBCHAPTER F STANDARD POSSESSION ORDER
- Texas Section 153.258 - Request For Findings When Order Varies From Standard Order
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...
- Texas Section 153.3101 - Reference To "School" In Standard Possession Order
In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled...
- Texas Section 153.311 - Mutual Agreement Or Specified Terms For Possession
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...
- Texas Section 153.312 - Parents Who Reside 100 Miles Or Less Apart
(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...
- Texas Section 153.313 - Parents Who Reside Over 100 Miles Apart
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...
- Texas Section 153.314 - Holiday Possession Unaffected By Distance Parents Reside Apart
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...
- Texas Section 153.315 - Weekend Possession Extended By Holiday
(a) If a weekend period of possession of the possessory conservator coincides with a student holiday or teacher in-service day that falls on a Monday...
- Texas Section 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...
SUBCHAPTER G APPOINTMENT OF NONPARENT AS CONSERVATOR
- Texas Section 153.317 - Alternative Beginning And Ending Possession Times
(a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide for one or...
- Texas Section 153.371 - Rights And Duties Of Nonparent Appointed As Sole Managing Conservator
Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services...
- Texas Section 153.372 - Nonparent Appointed As Joint Managing Conservator
(a) A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that...
- Texas Section 153.3721 - Access To Certain Records By Nonparent Joint Managing Conservator
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...
- Texas Section 153.373 - Voluntary Surrender Of Possession Rebuts Parental Presumption
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...
- Texas Section 153.374 - Designation Of Managing Conservator In Affidavit Of Relinquishment
(a) A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator...
- Texas Section 153.375 - Annual Report By Nonparent Managing Conservator
(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...
- Texas Section 153.376 - Rights And Duties Of Nonparent Possessory Conservator
(a) Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective...
SUBCHAPTER H RIGHTS OF GRANDPARENT, AUNT, OR UNCLE
- Texas Section 153.377 - Access To Child's Records
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...
- Texas Section 153.431 - Appointment Of Grandparent, Aunt, Or Uncle As Managing Conservator
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...
- Texas Section 153.432 - Suit For Possession Or Access By Grandparent
(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...
- Texas Section 153.433 - Possession Of Or Access To Grandchild
(a) The court may order reasonable possession of or access to a grandchild by a grandparent if: (1) at the time the relief is requested,...
SUBCHAPTER I PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION
- Texas Section 153.434 - Limitation On Right To Request Possession Or Access
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...
- Texas Section 153.501 - Necessity Of Measures To Prevent International Parental Child Abduction
(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...
- Texas Section 153.502 - Abduction Risk Factors
(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...
SUBCHAPTER J RIGHTS OF SIBLINGS
- Texas Section 153.503 - Abduction Prevention Measures
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...
SUBCHAPTER K PARENTING PLAN, PARENTING COORDINATOR, AND PARENTING FACILITATOR
- Texas Section 153.551 - Suit For Access
(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...
- Texas Section 153.601 - Definitions
In this subchapter: (1) "Dispute resolution process" means: (A) a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and...
- Texas Section 153.602 - Parenting Plan Not Required In Temporary Order
A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan....
- Texas Section 153.603 - Requirement Of Parenting Plan In Final Order
(a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. (b) The following...
- Texas Section 153.6031 - Exception To Dispute Resolution Process Requirement
A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply...
- Texas Section 153.605 - Appointment Of Parenting Coordinator
(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...
- Texas Section 153.6051 - Appointment Of Parenting Facilitator
(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...
- Texas Section 153.606 - Duties Of Parenting Coordinator
(a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. The duties of the parenting coordinator are...
- Texas Section 153.6061 - Duties Of Parenting Facilitator
(a) The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator. The duties of the parenting facilitator are...
- Texas Section 153.607 - Presumption Of Good Faith; Removal Of Parenting Coordinator
(a) It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided...
- Texas Section 153.6071 - Presumption Of Good Faith; Removal Of Parenting Facilitator
(a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided...
- Texas Section 153.608 - Report Of Parenting Coordinator
A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. The report must...
- Texas Section 153.6081 - Report Of Parenting Facilitator
A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. The report may include a...
- Texas Section 153.6082 - Report Of Joint Proposal Or Statement Of Intent; Agreements And Recommendations
(a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting...
- Texas Section 153.6083 - Communications And Recordkeeping Of Parenting Facilitator
(a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant...
- Texas Section 153.609 - Compensation Of Parenting Coordinator
(a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or...
- Texas Section 153.6091 - Compensation Of Parenting Facilitator
Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with...
- Texas Section 153.610 - Qualifications Of Parenting Coordinator
(a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating...
- Texas Section 153.6101 - Qualifications Of Parenting Facilitator
(a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. On request by a party, an...
- Texas Section 153.6102 - Parenting Facilitator; Conflicts Of Interest And Bias
(a) A person who has a conflict of interest with, or has previous knowledge of, a party or a child who is the subject of...
- Texas Section 153.611 - Exception For Certain Title Iv-d Proceedings
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...
SUBCHAPTER L MILITARY DUTY
- Texas Section 153.611 - Exception For Certain Title Iv-d Proceedings
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 Section 153.701 - Definitions
In this subchapter: (1) "Designated person" means the person ordered by the court to temporarily exercise a conservator's rights, duties, and periods of possession and...
- Texas Section 153.702 - Temporary Orders
(a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence...
- Texas Section 153.703 - Appointing Designated Person For Conservator With Exclusive Right To Designate Primary Residence Of Child
(a) If the conservator with the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary...
- Texas Section 153.704 - Appointing Designated Person To Exercise Visitation For Conservator With Exclusive Right To Designate Primary Residence Of Child In Certain Circumstances
(a) If the court appoints the conservator without the exclusive right to designate the primary residence of the child under Section 153.703(a)(1), the court may...
- Texas Section 153.705 - Appointing Designated Person To Exercise Visitation For Conservator Without Exclusive Right To Designate Primary Residence Of Child
(a) If the conservator without the exclusive right to designate the primary residence of the child is ordered to military deployment, military mobilization, or temporary...
- Texas Section 153.707 - Expedited Hearing
(a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good...
- Texas Section 153.708 - Enforcement
Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable...
- Texas Section 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...