1, eff. (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 may request access to the child by filing: (b) A sibling described by Subsection (a) may request access to the child in a suit filed for the sole purpose of requesting the relief, without regard to whether the appointment of a managing conservator is an issue in the suit. Conservatorship in Texas: What is it and how does it apply to my family? September 1, 2009. 1012), Sec. 20, Sec. Acts 2005, 79th Leg., Ch. 1 (S.B. 1113 (H.B. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Sec. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. September 1, 2019. Added by Acts 1995, 74th Leg., ch. 1113 (H.B. When the new family is ready to adopt the child, DFPS and the family complete the adoptive placement paperwork. September 1, 2005. 896 (H.B. Sec. 112 (H.B. Acts 2007, 80th Leg., R.S., Ch. Yes. September 1, 2007. Acts 2005, 79th Leg., Ch. September 1, 2005. (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; and (2) if the parents are or will be separated, shall appoint at least one managing conservator. 23, eff. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1113 (H.B. April 20, 1995. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. June 15, 2007. 153.258. Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. (c) The court may limit or expand the rights of a nonparent named as a designated person in a temporary order rendered under this section as appropriate to the best interest of the child. 896 (H.B. 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 as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. (H) applying to obtain the child's birth certificate or school or medical records; (5) has a history of domestic violence that the court is required to consider under Section 153.004; or. Usually that adult is a parent but that is not always the case. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. 236, Sec. 261), Sec. 751, Sec. stream (d) An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter. PUBLIC POLICY. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. September 1, 2005. 153.3171. They are presented for illustration purposes only. 9, Sec. Sept. 1, 1995. 682 (H.B. They can refer you to help in your community. Sec. 8, eff. REBUTTABLE PRESUMPTION. 153.252. 1181 (H.B. Acts 2005, 79th Leg., Ch. 484 (H.B. Sec. If you are the childs foster parent, you will not continue to receive foster care payments after you become permanent managing conservator. 153.608. Sec. (10) settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes. Sec. 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 parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. /Range[0 1 0 1 0 1 0 1] Acts 2015, 84th Leg., R.S., Ch. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. Whenever CPS removes a child from his or her home and places the child in substitute care, staff must engage in permanency planning on behalf of the child to ensure that the child can return the childs family if and when this can be safety accomplished or be placed permanently with an alternative family, preferably a kinship family, as soon as possible. (1) you and the other parent are not married (or dont want a divorce). (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 from any other conservator of the child concerning the health, education, and welfare of the child; (2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child; (3) of access to medical, dental, psychological, and educational records of the child; (4) to consult with a physician, dentist, or psychologist of the child; (5) to consult with school officials concerning the child's welfare and educational status, including school activities; (6) to attend school activities, including school lunches, performances, and field trips; (7) to be designated on the child's records as a person to be notified in case of an emergency; (8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. 1864), Sec. 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 access to the child. 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 appointed as a managing conservator of the child has the following rights and duties: (1) the right to have physical possession and to direct the moral and religious training of the child; (2) the duty of care, control, protection, and reasonable discipline of the child; (3) the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care; (4) the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records; (5) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child; (6) the right to the services and earnings of the child; (7) the right to consent to marriage and to enlistment in the armed forces of the United States; (8) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; (9) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; (10) the right to designate the primary residence of the child and to make decisions regarding the child's education; (11) if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and. Added by Acts 2009, 81st Leg., R.S., Ch. A possession order will say when each parent has the right to time with the child. 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 parenting coordination. You must be at least 21 years old, a responsible adult, and willing to share personal information. 153.703. In Texas, the legal word for child custody is conservatorship. This article explains child custody (conservatorship) in Texas, different types of conservatorship, how to file or respond to a custody case, and more. However, custody cases can be complicated. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 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 child as follows: (1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator's choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days' written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable; (2) each year beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. (b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child. 153.6102. September 1, 2005. /SM 0.001 . (2) is in the best interest of the child. Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS. 733 (H.B. 260), Sec. 1237), Sec. (B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; (3) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and. While the term is used in this guidance and the CPS handbook policies to reflect a transfer of permanent legal responsibility, orders for non-parents . 1, eff. (f) On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older. Sec. 751, Sec. (B) specify that the conservator may determine the child's primary residence without regard to geographic location; (2) specify the rights and duties of each parent regarding the child's physical care, support, and education; (3) include provisions to minimize disruption of the child's education, daily routine, and association with friends; (4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and. 9, eff. (b) The temporary order for visitation must provide that: (1) the designated person under this section has the right to possession of the child for the periods and in the manner in which the conservator described by Subsection (a) would be entitled if not ordered to military deployment, military mobilization, or temporary military duty; (3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the designated person has possession of the child; and. 153.003. Sec. September 1, 2011. 1041 (H.B. 1036, Sec. 1, eff. This subsection does not apply to a person whose only other service in a professional capacity with a family or any member of a family that is a party to or the subject of a suit to which this section applies is as a teacher of coparenting skills in a class conducted in a group setting. Birth parents may continue to have contact with the child as determined by the court order. 1, eff. 482 (H.B. 219), Sec. Acts 2015, 84th Leg., R.S., Ch. 9, Sec. Sec. Added by Acts 2003, 78th Leg., ch. 1.043, eff. 20, Sec. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. 236, Sec. Note: The TexasLawHelp.org instructions are written for uncontested cases (agreed or default). 3, eff. (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 by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. When children need to be placed in loving homes, Child Protective Services (CPS) looks for relatives or
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