By: Goodman H.B. No. 1272
73R5581 JBN-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights and privileges of a conservator of a child
1-3 and to the terms and conditions of orders providing for the
1-4 possession of a child, including guidelines.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 14.032(a), (b), and (c), Family Code,
1-7 are amended to read as follows:
1-8 (a) Policy and Application <Child Three Years of Age or
1-9 Older>. The guidelines for the possession of a child by a parent
1-10 named as a possessory conservator in this chapter are intended to
1-11 guide the courts in determining the terms and conditions for
1-12 possession of a child by a parent named as a possessory conservator
1-13 in any suit affecting the parent-child relationship. It is the
1-14 policy of this state to encourage frequent contact between a child
1-15 and each parent for periods of possession that optimize the
1-16 development of a close and continuing relationship between each
1-17 parent and child. It is preferable for all children in a family to
1-18 be together during periods of possession. The standard possession
1-19 order is <These guidelines are> designed to apply to a child three
1-20 years of age or older.
1-21 (b) Child Less Than Three Years of Age <Old>. In rendering
1-22 an order for possession of a child less than three years of age,
1-23 the court shall make an order appropriate under the circumstances
1-24 considering the factors listed in Subsection (c) of this section.
2-1 The <old, the court may either render a "standard possession
2-2 order," as defined in Section 14.033 of this code, or an order
2-3 appropriate under the circumstances considering the age of the
2-4 child. If a standard possession order is not rendered, the> court
2-5 shall also render a prospective order to take effect on the child's
2-6 third birthday, which presumptively will be the standard possession
2-7 order.
2-8 (c) Factors. In determining the terms of possession of a
2-9 child, the court shall be guided by the guidelines and may
2-10 consider<, in varying from or following the guidelines>:
2-11 (1) the age, developmental status, circumstances,
2-12 needs, and best interest of the child giving special consideration
2-13 to a child five years of age or younger;
2-14 (2) the circumstances of the managing conservator and
2-15 of the parent named as a possessory conservator; and
2-16 (3) any other relevant factor.
2-17 SECTION 2. Sections 14.033(b), (c), (d), (e), (f), (g), (h),
2-18 (i), and (j), Family Code, are amended to read as follows:
2-19 (b) Mutual Agreement or Specified Terms for Possession. The
2-20 court shall expressly state in a standard order that the parties
2-21 may have possession of the child at any and all times mutually
2-22 agreed to in advance by the parties and, in the absence of a
2-23 <failing> mutual agreement, shall have possession of the child
2-24 under the specified terms set out in the standard order.
2-25 (c) Parents Who Reside 100 Miles or Less Apart. Except as
2-26 otherwise explicitly provided, and subject to the elections
2-27 required to be made by the possessory conservator under Subsection
3-1 (i) of this section, if the possessory conservator resides 100
3-2 miles or less from the primary residence of the child, the
3-3 possessory conservator shall have the right to possession of the
3-4 child as follows:
3-5 (1) <on weekends from 6 p.m.> on the first, third, and
3-6 fifth Friday of each month until <6 p.m. on> the following Sunday
3-7 or the day on which school resumes <or, at the possessory
3-8 conservator's election made before the rendition of the original or
3-9 modification order, from the time the child's school day ends, if
3-10 any, until 6 p.m. on the following Sunday>; and
3-11 (2) on Wednesdays of each week during the regular
3-12 school term beginning at the time the child's school is regularly
3-13 dismissed or at any time between the time the child's school is
3-14 regularly dismissed and <from> 6 p.m. and ending at <until> 8
3-15 p.m.<, or, at the possessory conservator's election made before the
3-16 rendition of the original or modification order, from the time the
3-17 child's school day ends, if any, until 8 p.m.>
3-18 (d) Weekend Possession Extended by Holiday. Except as
3-19 otherwise explicitly provided, and subject to the elections
3-20 required to be made by the possessory conservator under Subsection
3-21 (i) of this section, if a weekend period of possession of the
3-22 possessory conservator coincides with a school holiday during the
3-23 regular school term or with a federal, state, or local holiday
3-24 during the summer months in which school is not in session, the
3-25 weekend possession shall extend through the <until 6 p.m. on a>
3-26 Monday holiday or school holiday or shall begin on <at 6 p.m.>
3-27 Thursday for a Friday holiday or school holiday, as applicable.
4-1 (e) Vacations and Holidays. The following provisions govern
4-2 possession of the child for vacations and for certain specific
4-3 holidays and supersede any conflicting weekend or Wednesday periods
4-4 of possession provided by Subsections (c) and (d) of this section.
4-5 Subject to the elections required to be made by the possessory
4-6 conservator under Subsection (i) of this section, the <The>
4-7 possessory conservator and managing conservator shall have rights
4-8 of possession of the child as follows:
4-9 (1) the possessory conservator shall have possession
4-10 of the child in even-numbered years <from 6 p.m.> on the last
4-11 school day before the Christmas school vacation begins and ending
4-12 at <until> noon on December 26th, and the managing conservator
4-13 shall have possession for the same period in odd-numbered years;
4-14 (2) the possessory conservator shall have possession
4-15 of the child in odd-numbered years beginning at <from> noon on
4-16 December 26th and ending <until 6 p.m.> on the day before school
4-17 resumes after that vacation, and the managing conservator shall
4-18 have possession for the same period in even-numbered years;
4-19 (3) the possessory conservator shall have possession
4-20 of the child in odd-numbered years from the day school for the
4-21 child is dismissed <6 p.m. on the Wednesday> before Thanksgiving
4-22 until <6 p.m. on> the following Sunday or the day on which school
4-23 resumes after that vacation, and the managing conservator shall
4-24 have possession for the same period in even-numbered years;
4-25 (4) the possessory conservator shall have possession
4-26 of the child in even-numbered years from <6 p.m. on> the last
4-27 school day before the school's spring vacation begins until <6 p.m.
5-1 on> the day before school resumes after that vacation, and the
5-2 managing conservator shall have possession for the same period in
5-3 odd-numbered years;
5-4 (5) if the possessory conservator:
5-5 (A) gives the managing conservator written
5-6 notice by May 1 of each year specifying an extended period or
5-7 periods of summer possession, the possessory conservator shall have
5-8 possession of the child for 30 days beginning no earlier than the
5-9 day after the child's school is dismissed for the summer vacation
5-10 and ending no later than seven days before school resumes at the
5-11 end of the summer vacation <between June 1 and August 31>, to be
5-12 exercised in no more than two separate periods of at least seven
5-13 consecutive days each except that if the child is three years of
5-14 age or older but younger than five years of age, the possession
5-15 under this subsection must be exercised in two periods separated by
5-16 at least seven days; or
5-17 (B) does not give the managing conservator
5-18 written notice by May 1 of each year specifying an extended period
5-19 or periods of summer possession, the possessory conservator shall
5-20 have possession of the child for 30 consecutive days beginning at
5-21 6 p.m. on the third Sunday in June <July 1> and ending at 6 p.m. 30
5-22 days later <on July 31>;
5-23 (6) while the child is enrolled in a traditional
5-24 school, if the managing conservator gives the possessory
5-25 conservator written notice by June 1 <May 15> of each year <or
5-26 gives the possessory conservator 14 days' written notice on or
5-27 after May 16 of each year>, the managing conservator shall have
6-1 possession of the child on any one weekend beginning on <from>
6-2 Friday at 6 p.m. and ending at <to> 6 p.m. on the following Sunday
6-3 during any one period of possession by the possessory conservator
6-4 under Subdivision (5) of this subsection, provided that the
6-5 managing conservator picks up the child from the possessory
6-6 conservator and returns the child to that same place;
6-7 (7) the managing conservator shall have an extended
6-8 period of possession of the child during the summer or intersession
6-9 breaks if, while the child is enrolled in a traditional school, the
6-10 managing conservator gives the possessory conservator written
6-11 notice by May 15 of each year or gives the possessory conservator
6-12 14 days' written notice on or after May 16 of each year, the
6-13 managing conservator may designate one weekend beginning no earlier
6-14 than the day after the child's school is dismissed for the summer
6-15 vacation and ending no later than seven days before school resumes
6-16 at the end of the summer vacation <between June 1 and August 31>,
6-17 during which an otherwise scheduled weekend period of possession by
6-18 the possessory conservator will not take place, provided that the
6-19 weekend so designated does not interfere with the possessory
6-20 conservator's period or periods of extended summer possession or
6-21 with Father's Day if the possessory conservator is the father of
6-22 the child;
6-23 (8) the parent not otherwise entitled under this
6-24 standard order to present <in> possession of a child on the child's
6-25 birthday shall have possession of the child beginning at <from> 6
6-26 p.m. and ending at <to> 8 p.m. on that day, provided that the
6-27 parent not entitled to the two hours in possession picks up the
7-1 child from the <child's> residence of the conservator entitled to
7-2 possession of the child immediately before the two-hour possession
7-3 begins and returns the child to that same place;
7-4 (9) if a conservator, the father shall have possession
7-5 of the child beginning at 6 p.m. on the Friday preceding Father's
7-6 Day and ending on Father's Day at <from 9 a.m. to> 6 p.m., provided
7-7 that, if he is not otherwise entitled under this standard order to
7-8 present <in> possession of the child, he picks up the child from
7-9 the <child's> residence of the conservator entitled to possession
7-10 of the child immediately before the Father's Day possession begins
7-11 and returns the child to that same place; and
7-12 (10) if a conservator, the mother shall have
7-13 possession of the child beginning at 6 p.m. on the Friday preceding
7-14 Mother's Day and ending on Mother's Day at <from 9 a.m. to> 6 p.m.,
7-15 provided that, if she is not otherwise entitled under this standard
7-16 order to present <in> possession of the child, she picks up the
7-17 child from the <child's> residence of the conservator entitled to
7-18 possession of the child immediately before the Mother's Day
7-19 possession begins and returns the child to that same place.
7-20 (f) Parents Who Reside Over 100 Miles Apart. Except as
7-21 otherwise explicitly provided, and subject to the elections
7-22 required to be made by the possessory conservator under Subsection
7-23 (i) of this section if the possessory conservator resides more than
7-24 100 miles from the residence of the child, the possessory
7-25 conservator shall have the right to possession of the child as
7-26 follows:
7-27 (1) either regular weekend possession beginning on the
8-1 first, third, and fifth Friday as provided under the terms of
8-2 Subsection (c)(1) of this section, or not more than one weekend per
8-3 month of the possessory conservator's choice beginning on a Friday
8-4 and ending on the following Sunday <at 6 p.m. on the day school
8-5 recesses for the weekend and ending at 6 p.m. on the day before
8-6 school resumes after the weekend>, provided that the possessory
8-7 conservator gives the managing conservator seven days' written or
8-8 telephonic notice preceding a designated weekend, and provided that
8-9 the possessory conservator elects an option for this possession
8-10 either before the rendition of the original or modification order
8-11 or by written notice given to the managing conservator within 90
8-12 days after the parties begin to reside more than 100 miles apart,
8-13 as applicable, and provided that the weekend possessions do not
8-14 conflict with Subsections (e)(1) through (3) and (e)(8) through
8-15 (10) of this section;
8-16 (2) the terms of Subsections (e)(1) through (3) and
8-17 (e)(8) through (10) of this section are applicable when the
8-18 possessory conservator resides more than 100 miles from the
8-19 residence of the child;
8-20 (3) each year beginning <every spring school vacation
8-21 from 6 p.m.> on the day school for the child is dismissed for the
8-22 school's spring vacation and ending <recesses until 6 p.m.> on the
8-23 day before school resumes after that vacation;
8-24 (4) if the possessory conservator:
8-25 (A) gives the managing conservator written
8-26 notice by May 1 of each year specifying an extended period or
8-27 periods of summer possession, the possessory conservator shall have
9-1 possession of the child for 42 days beginning no earlier than the
9-2 day after the child's school is dismissed for the summer vacation
9-3 and ending no later than seven days before school resumes at the
9-4 end of the summer vacation <between June 1 and August 31>, to be
9-5 exercised in no more than two separate periods of at least seven
9-6 consecutive days each, except that if the child is three years of
9-7 age or older but younger than five years of age, the possession
9-8 under this subsection may not be longer than 30 days and must be
9-9 exercised in two periods separated by at least seven days; or
9-10 (B) while the child is enrolled in a traditional
9-11 school, does not give the managing conservator written notice by
9-12 May 1 of each year specifying an extended period or periods of
9-13 summer possession, the possessory conservator shall have possession
9-14 of the child for 42 consecutive days beginning at 6 p.m. on the
9-15 third Sunday in June <June 15> and ending at 6 p.m. 42 days later
9-16 <on July 27>;
9-17 (5) while the child is enrolled in a traditional
9-18 school, if the managing conservator gives the possessory
9-19 conservator written notice by June 1 <May 15> of each year <or
9-20 gives the possessory conservator 14 days' notice on or after May 16
9-21 of each year>, the managing conservator shall have possession of
9-22 the child on any one weekend beginning at <from> Friday at 6 p.m.
9-23 and ending at <to> 6 p.m. on the following Sunday during any one
9-24 period of possession by the possessory conservator under
9-25 Subdivision (4) of this subsection, provided that if a period of
9-26 possession by the possessory conservator exceeds 30 days, the
9-27 managing conservator may have possession of the child under the
10-1 terms of this subdivision on any two nonconsecutive weekends during
10-2 that time period, and further provided that the managing
10-3 conservator picks up the child from the possessory conservator and
10-4 returns the child to that same place; and
10-5 (6) the managing conservator shall have an extended
10-6 period of possession of the child during the summer or intersession
10-7 breaks if the managing conservator gives the possessory conservator
10-8 written notice by June 1 <May 15> of each year; <or gives the
10-9 possessory conservator 30 days' written notice on or after May 16
10-10 of each year,> the managing conservator may designate 21 days
10-11 beginning no earlier than the day after the child's school is
10-12 dismissed for the summer vacation and ending no later than seven
10-13 days before school resumes at the end of the summer vacation
10-14 <between June 1 and August 31>, to be exercised in no more than two
10-15 separate periods of at least seven consecutive days each, during
10-16 which the possessory conservator shall not have possession of the
10-17 child, provided that the period or periods so designated do not
10-18 interfere with the possessory conservator's period or periods of
10-19 extended summer possession or with Father's Day if the possessory
10-20 conservator is the father of the child.
10-21 (g) General Terms and Conditions. Except as otherwise
10-22 explicitly provided, terms and conditions of possession of a child
10-23 that apply irrespective of the distance between the residence of a
10-24 parent and the child are as follows:
10-25 (1) the managing conservator shall surrender the child
10-26 to the possessory conservator at the beginning of each period of
10-27 the possessory conservator's possession at the residence of the
11-1 managing conservator;
11-2 (2) if the possessory conservator elects to begin a
11-3 period of possession at the time the child's school is regularly
11-4 dismissed, the managing conservator shall surrender the child to
11-5 the possessory conservator at the beginning of each of those
11-6 periods of possession at the school in which the child is enrolled;
11-7 (3) the possessory conservator shall be ordered to do
11-8 one of the following:
11-9 (A) the possessory conservator shall surrender
11-10 the child to the managing conservator at the end of each period of
11-11 possession at the residence of the possessory conservator; or
11-12 (B)<, in the alternative,> the possessory
11-13 conservator shall return the child to the residence of the managing
11-14 conservator at the end of each period of possession, except that
11-15 the order shall provide that if the managing conservator's county
11-16 of domicile should change, effective on the date of the change of
11-17 domicile by the managing conservator, the possessory conservator
11-18 shall surrender the child to the managing conservator at the end of
11-19 each period of possession at the residence of the possessory
11-20 conservator;
11-21 (4) if the possessory conservator elects to end a
11-22 period of possession at the time the child's school resumes, the
11-23 possessory conservator shall surrender the child to the managing
11-24 conservator at the end of each period of possession at the school
11-25 in which the child is enrolled;
11-26 (5) <(3)> each conservator shall return with the child
11-27 the personal effects that the child brought at the beginning of the
12-1 period of possession;
12-2 (6) <(4)> either parent may designate any competent
12-3 adult to pick up and return the child, as applicable; a parent or a
12-4 designated competent adult shall be present when the child is
12-5 picked up or returned;
12-6 (7) <(5)> a parent shall give notice to the person in
12-7 possession of the child on each occasion that the parent will be
12-8 unable to exercise that parent's right of possession for any
12-9 specified period; repeated failure of a parent to give notice of an
12-10 inability to exercise possessory rights may be considered as a
12-11 factor in a modification of those possessory rights;
12-12 (8) <(6)> written notice shall be deemed to have been
12-13 timely made if received or postmarked before or at the time that
12-14 notice is due; and
12-15 (9) <(7)> if a conservator's time of possession of a
12-16 child ends at the time school resumes and for any reason the child
12-17 is not or will not be returned to school, the conservator in
12-18 possession of the child shall immediately notify the school and the
12-19 other conservator that the child will not be or has not been
12-20 returned to school.
12-21 (h) Means of Travel. In an order providing for the terms
12-22 and conditions of possession <possessory conservatorship> of a
12-23 child the court may restrict the means of travel of the child by a
12-24 legal mode of transportation only after a showing of good cause
12-25 contained in the record and a finding by the court that the
12-26 restriction is in the best interest of the child. Further, the
12-27 court shall set forth in its order the specific duties of the
13-1 conservators to provide appropriate transportation to and from the
13-2 relevant transportation facilities.
13-3 (i) Alternative Possession Times. The <If a child is
13-4 enrolled in school, the> possessory conservator shall elect, in
13-5 writing or on the record, before or at the time of the rendition of
13-6 the original or a modified order, when each of <consents, and the
13-7 court finds that it is in the best interest of the child, the
13-8 standard order may expressly provide that> the possessory
13-9 conservator's periods <period> of possession shall begin and <or>
13-10 end<, or both, at a different time expressly set in the standard
13-11 order under and> within the range of alternative times provided by
13-12 one or both of the following subdivisions:
13-13 (1) beginning <instead of a period of possession by a
13-14 possessory conservator beginning at 6 p.m. on the day school
13-15 recesses, the period of possession may be set in the standard order
13-16 to begin> at the time the child's school is regularly dismissed
13-17 <recesses> or at any time between the time the child's school is
13-18 regularly dismissed <recesses> and 7 p.m., except that if school is
13-19 not in session, then beginning at any time between noon and 7 p.m.
13-20 <6 p.m.>; and
13-21 (2) ending <instead of a period of possession by a
13-22 possessory conservator ending at 6 p.m. on the day before school
13-23 resumes, the period of possession may be set in the standard order
13-24 to end> at the time school resumes or at 7 p.m. <any time between
13-25 6 p.m.> on the day before school resumes except that if school is
13-26 not in session, then ending at 7 p.m. on the day the period of
13-27 possession ends <and the time that school resumes>.
14-1 (j) Application of Alternative Possession Times. The
14-2 alternative possession times provided by Subsection (i) of this
14-3 section may be applied to regular weekend possession under
14-4 Subsections (c)(1) and (f)(1) of this section and to holiday
14-5 possession under Subsections (e)(1) through (4) and Subsections
14-6 (f)(2) and (3) of this section, but Subsection (i)(2) of this
14-7 section may not be applied to Christmas school vacation under
14-8 Subsection (e)(1) of this section and Subsection (i)(1) of this
14-9 section may not be applied to Christmas school vacation under
14-10 Subsection (e)(2) of this section. Subsection (i)(1) of this
14-11 section <but> may <not> be applied to Wednesday evening possession
14-12 under Subsection (c)(2) of this section.
14-13 SECTION 3. Section 14.034, Family Code, is amended to read
14-14 as follows:
14-15 Sec. 14.034. Guidelines for the Possession of a Child by a
14-16 Parent Named as a Joint Managing Conservator. The guidelines in
14-17 Section 14.033 of this code constitute a presumptive minimum amount
14-18 of time for possession of a child by a parent named as a joint
14-19 managing conservator who is not awarded the right to establish the
14-20 legal domicile <primary physical residence> of the child in any
14-21 suit affecting the parent-child relationship.
14-22 SECTION 4. Section 14.01(a), Family Code, is amended to read
14-23 as follows:
14-24 (a) In any suit affecting the parent-child relationship, the
14-25 court may appoint a sole managing conservator or may appoint joint
14-26 managing conservators<, and shall order reasonable terms and
14-27 conditions for the implementation of the managing conservatorship>.
15-1 A managing conservator must be a suitable, competent adult, or a
15-2 parent, or an authorized agency. If the court finds that the
15-3 parents are or will be separated, the court shall appoint at least
15-4 one <joint or sole> managing conservator. If a managing
15-5 conservator is appointed, the court shall establish the domicile of
15-6 the child and order reasonable terms and conditions for the
15-7 implementation of the managing conservatorship. Once established
15-8 by the court, the child's domicile may only be changed by order of
15-9 the court. The presumption is that it is not in the best interest
15-10 of the child to change the child's domicile. The court shall
15-11 conduct a hearing on any motion to change the child's domicile
15-12 within 30 days after the filing of the motion.
15-13 SECTION 5. Sections 14.02(a) and (b), Family Code, are
15-14 amended to read as follows:
15-15 (a) Except as provided in Subsection (d) of this section, a
15-16 parent appointed as sole managing conservator of the child retains
15-17 all the rights, privileges, duties, and powers of a parent except
15-18 the right to establish the child's domicile to the exclusion of the
15-19 other parent, subject to the rights, privileges, duties, and powers
15-20 of a possessory conservator as provided in Section 14.04 of this
15-21 code and to any limitation imposed by court order in allowing
15-22 access to the child.
15-23 (b) A managing conservator who is not the parent of the
15-24 child has the following rights, privileges, duties, and powers,
15-25 subject to the rights, privileges, duties, and powers of a
15-26 possessory conservator as provided in Section 14.04 of this code
15-27 and to any limitation imposed by court order in allowing access to
16-1 the child:
16-2 (1) the right to have physical possession and<,> to
16-3 direct the moral and religious training<, and to establish the
16-4 legal domicile> of the child;
16-5 (2) the duty of care, control, protection, and
16-6 reasonable discipline of the child;
16-7 (3) the duty to provide the child with clothing, food,
16-8 shelter, and education;
16-9 (4) the right to the services and earnings of the
16-10 child;
16-11 (5) the power to consent to marriage, to enlistment in
16-12 the armed forces of the United States, and to medical, psychiatric,
16-13 and surgical treatment;
16-14 (6) the power to represent the child in legal action
16-15 and to make other decisions of substantial legal significance
16-16 concerning the child including, except when a guardian of the
16-17 child's estate or a guardian or attorney ad litem has been
16-18 appointed for the child, a power as an agent of the child to act in
16-19 relation to the child's estate if the child's action is required by
16-20 a state, the United States, or a foreign government;
16-21 (7) the power to receive and give receipt for periodic
16-22 payments for the support of the child and to hold or disburse these
16-23 funds for the benefit of the child; and
16-24 (8) if the parent-child relationship has been
16-25 terminated with respect to the parents, or only living parent, or
16-26 if there is no living parent, the power to consent to the adoption
16-27 of the child and to make any other decision concerning the child
17-1 that a parent could make.
17-2 SECTION 6. Sections 14.021(a), (b), (c), and (f), Family
17-3 Code, are amended to read as follows:
17-4 (a) It is the policy of this state to assure that children
17-5 will have frequent and continuing contact with parents who have
17-6 shown the ability to act in the best interest of the child, to
17-7 provide a stable environment for the child, and to encourage
17-8 parents to share in the rights and responsibilities of raising
17-9 their children after the parents have separated or dissolved their
17-10 marriage.
17-11 (b) In this section, "joint managing conservatorship" means
17-12 the sharing of the rights, privileges, duties, and powers of a
17-13 parent by two parties, ordinarily the parents, even if the
17-14 exclusive power to make certain decisions may be awarded to one
17-15 party. Joint managing conservatorship does not require the award
17-16 of equal or nearly equal periods of physical possession of and
17-17 access to the child to each of the joint conservators<; ordinarily
17-18 the best interest of the child will require the court to designate
17-19 a primary physical residence for the child>.
17-20 (c) If a written agreement of the parents is filed with the
17-21 court, the court shall appoint the parents as joint managing
17-22 conservators of the child in its decree only if the court finds
17-23 that the agreement:
17-24 (1) establishes the county of domicile <residence> of
17-25 the child until altered by further order of the court<, or
17-26 designates the conservator who has the sole legal right to
17-27 determine the residence of the child>;
18-1 (2) expressly states the rights and duties of each
18-2 parent regarding the child's present and future physical care,
18-3 support, and education;
18-4 (3) includes provisions to minimize disruption of the
18-5 child's schooling, daily routine, and association with friends;
18-6 (4) assigns and apportions between the parents,
18-7 solely, concurrently, or jointly, all of the remaining rights,
18-8 privileges, duties, and powers of a parent as provided by Section
18-9 12.04 of this code;
18-10 (5) was entered into voluntarily and knowingly by each
18-11 parent and has not been repudiated by either parent at the time the
18-12 decree is rendered; and
18-13 (6) is in the best interest of the child.
18-14 (f) In a decree appointing joint managing conservators under
18-15 Subsection (e) of this section, the court shall:
18-16 (1) establish the county of domicile <residence> of
18-17 the child until altered by further order of the court<, or
18-18 designate the conservator who has the sole legal right to determine
18-19 the residence of the child>;
18-20 (2) expressly state the rights and duties of each
18-21 parent regarding the child's present and future physical care,
18-22 support, and education;
18-23 (3) include provisions to minimize disruption of the
18-24 child's schooling, daily routine, and association with friends;
18-25 (4) assign and apportion between the parents, solely,
18-26 concurrently, or jointly, all of the remaining rights, privileges,
18-27 duties, and powers of a parent as provided in Section 12.04 of this
19-1 code; and
19-2 (5) if feasible, require or recommend that the parties
19-3 attempt to settle future disputes by a dispute resolution method
19-4 before seeking enforcement or modification of the terms and
19-5 conditions of the joint conservatorship through litigation, except
19-6 in emergency situations requiring ex parte orders to protect the
19-7 child.
19-8 SECTION 7. Section 14.08(c), Family Code, is amended to read
19-9 as follows:
19-10 (c) After a hearing, the court may modify an order or
19-11 portion of a decree that:
19-12 (1) designates a sole managing conservator if:
19-13 (A) the circumstances of the child, sole
19-14 managing conservator, possessory conservator, or other party
19-15 affected by the order or decree have materially and substantially
19-16 changed since the date of the rendition of the order or decree to
19-17 be modified; and
19-18 (B) the retention of the present sole managing
19-19 conservator would be injurious to the welfare of the child; and
19-20 (C) the appointment of the new sole managing
19-21 conservator would be a positive improvement for the child; or
19-22 (2) provides for the support of a child if the
19-23 circumstances of the child or a person affected by the order or
19-24 portion of the decree to be modified have materially and
19-25 substantially changed since the date of its rendition, except that
19-26 a support order may be modified only as to obligations accruing
19-27 after the earlier of the date of service of citation or an
20-1 appearance on the motion to modify; or
20-2 (3) sets the terms and conditions for possession of or
20-3 access to a child, or prescribes the relative rights, privileges,
20-4 duties, and powers of conservators if:
20-5 (A) the circumstances of the child or a person
20-6 affected by the order or portion of the decree to be modified have
20-7 materially and substantially changed since the date of the
20-8 rendition of the order or decree; or
20-9 (B) the order or portion of the decree to be
20-10 modified has become unworkable or inappropriate under existing
20-11 circumstances; or
20-12 (C) the notice required by Section 14.031 of
20-13 this code was not given, or there was a change in a conservator's
20-14 residence to a place outside the jurisdiction of the court. If a
20-15 change of residence results in increased expenses for any party
20-16 having possession of or access to a child, the court may enter
20-17 appropriate orders to allocate those increased costs on a fair and
20-18 equitable basis, taking into account the cause of the increased
20-19 costs and the best interests of the child. The payment of
20-20 increased costs by the party whose residence is changed is
20-21 rebuttably presumed to be in the best interest of the child. Such
20-22 an order may be entered without regard to whether any other change
20-23 in the terms and conditions of possession of or access to the child
20-24 is made; or
20-25 (4) designates a sole managing conservator if the sole
20-26 managing conservator has voluntarily relinquished possession and
20-27 control of the child for a period of more than six months and the
21-1 modification is in the best interest of the child; or
21-2 (5) designates a sole managing conservator if a parent
21-3 of the child requests appointment as a joint managing conservator,
21-4 and the court finds that:
21-5 (A) the circumstances of the child or the sole
21-6 managing conservator have materially and substantially changed
21-7 since the rendition of the order or decree to be modified;
21-8 (B) retention of a sole managing conservatorship
21-9 would be detrimental to the welfare of the child; and
21-10 (C) the appointment of the parent as a joint
21-11 managing conservator would be a positive improvement for and in the
21-12 best interest of the child.
21-13 SECTION 8. This Act takes effect September 1, 1993, and
21-14 applies to an original or modified order in a suit affecting the
21-15 parent-child relationship under Title 2, Family Code, made on or
21-16 after that date. The enactment of the amendments made by this Act
21-17 does not affect the validity or obligations, terms, and conditions
21-18 of an order in a suit affecting the parent-child relationship made
21-19 before the effective date of this Act, and this Act does not
21-20 constitute a change of circumstances under Section 14.08, Family
21-21 Code.
21-22 SECTION 9. The importance of this legislation and the
21-23 crowded condition of the calendars in both houses create an
21-24 emergency and an imperative public necessity that the
21-25 constitutional rule requiring bills to be read on three several
21-26 days in each house be suspended, and this rule is hereby suspended.