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A BILL TO BE ENTITLED
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AN ACT
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relating to parenting plans and parenting coordinators in suits |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.007, Family Code, is amended to read |
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as follows: |
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Sec. 153.007. AGREEMENT CONCERNING CONSERVATORSHIP [AGREED
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PARENTING PLAN]. (a) To promote the amicable settlement of |
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disputes between the parties to a suit, the parties may enter into a |
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written agreement [agreed parenting plan] containing provisions |
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for conservatorship and possession of the child and for |
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modification of the agreement [parenting plan], including |
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variations from the standard possession order. |
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(b) If the court finds that the agreement [agreed parenting
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plan] is in the child's best interest, the court shall render an |
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order in accordance with the agreement [parenting plan]. |
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(c) Terms of the agreement [agreed parenting plan] |
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contained in the order or incorporated by reference regarding |
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conservatorship or support of or access to a child in an order may |
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be enforced by all remedies available for enforcement of a |
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judgment, including contempt, but are not enforceable as a |
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contract. |
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(d) If the court finds the agreement [agreed parenting plan] |
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is not in the child's best interest, the court may request the |
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parties to submit a revised agreement [parenting plan] or the court |
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may render an order for the conservatorship and possession of the |
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child. |
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SECTION 2. Section 153.133, Family Code, is amended to read |
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as follows: |
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Sec. 153.133. AGREEMENT [PARENTING PLAN] FOR JOINT MANAGING |
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CONSERVATORSHIP. (a) If a written agreement of the parents [agreed
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parenting plan] is filed with the court, the court shall render an |
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order appointing the parents as joint managing conservators only if |
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the agreement [parenting plan]: |
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(1) designates the conservator who has the exclusive |
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right to designate the primary residence of the child and: |
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(A) establishes, until modified by further |
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order, the geographic area within which the conservator shall |
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maintain the child's primary residence; or |
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(B) specifies that the conservator may designate |
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the child's primary residence without regard to geographic |
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location; |
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(2) specifies the rights and duties of each parent |
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regarding the child's physical care, support, and education; |
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(3) includes provisions to minimize disruption of the |
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child's education, daily routine, and association with friends; |
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(4) allocates between the parents, independently, |
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jointly, or exclusively, all of the remaining rights and duties of a |
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parent provided by Chapter 151; |
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(5) is voluntarily and knowingly made by each parent |
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and has not been repudiated by either parent at the time the order |
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is rendered; and |
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(6) is in the best interest of the child. |
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(b) The agreement may [agreed parenting plan must] contain |
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an alternative dispute resolution procedure that the parties agree |
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to use before requesting enforcement or modification of the terms |
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and conditions of the joint conservatorship through litigation, |
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except in an emergency. |
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SECTION 3. Section 153.134(a), Family Code, is amended to |
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read as follows: |
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(a) If a written agreement of the parents [agreed parenting
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plan] is not filed with the court, the court may render an order |
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appointing the parents joint managing conservators only if the |
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appointment is in the best interest of the child, considering the |
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following factors: |
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(1) whether the physical, psychological, or emotional |
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needs and development of the child will benefit from the |
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appointment of joint managing conservators; |
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(2) the ability of the parents to give first priority |
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to the welfare of the child and reach shared decisions in the |
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child's best interest; |
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(3) whether each parent can encourage and accept a |
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positive relationship between the child and the other parent; |
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(4) whether both parents participated in child rearing |
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before the filing of the suit; |
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(5) the geographical proximity of the parents' |
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residences; |
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(6) if the child is 12 years of age or older, the |
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child's preference, if any, regarding the person to have the |
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exclusive right to designate the primary residence of the child; |
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and |
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(7) any other relevant factor. |
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SECTION 4. Subchapter J, Chapter 153, Family Code, as added |
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by Chapter 482, Acts of the 79th Legislature, Regular Session, |
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2005, is repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |