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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the conservatorship or possession of, or access to, a |
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child in a suit 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 102.0045(b), Family Code, is amended to |
|
read as follows: |
|
(b) Access to a child by a sibling of the child is governed |
|
by the standards established by Section 153.551 [Subchapter J,
|
|
Chapter 153]. |
|
SECTION 2. Section 107.0511, Family Code, is amended by |
|
adding Subsections (g), (h), and (i) to read as follows: |
|
(g) The minimum qualifications prescribed by this section |
|
do not apply to an individual who, before September 1, 2007: |
|
(1) lived in a county that has a population of 500,000 |
|
or more and is adjacent to two or more counties each of which has a |
|
population of 50,000 or more; |
|
(2) received a four-year degree from an accredited |
|
institution of higher education; |
|
(3) worked as a child protective services investigator |
|
for the Department of Family and Protective Services for at least |
|
four years; |
|
(4) worked as a community supervision and corrections |
|
department officer; and |
|
(5) conducted at least 100 social studies in the |
|
previous five years. |
|
(h) A person described by Subsection (g) who performs a |
|
social study must: |
|
(1) complete at least eight hours of family violence |
|
dynamics training provided by a family violence service provider; |
|
and |
|
(2) participate annually in at least 15 hours of |
|
continuing education for child custody evaluators that meets the |
|
Model Standards of Practice for Child Custody Evaluation adopted |
|
by the Association of Family and Conciliation Courts as those |
|
standards existed May 1, 2009, or a later version of those standards |
|
if adopted by rule of the executive commissioner of the Health and |
|
Human Services Commission. |
|
(i) Subsections (g) and (h) and this subsection expire |
|
September 1, 2017. |
|
SECTION 3. Section 153.133, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsection (a)(1), the court shall |
|
render an order adopting the provisions of a written agreed |
|
parenting plan appointing the parents as joint managing |
|
conservators if the parenting plan: |
|
(1) meets all the requirements of Subsections (a)(2) |
|
through (6); and |
|
(2) provides that the child's primary residence shall |
|
be within a specified geographic area. |
|
SECTION 4. Subchapter F, Chapter 153, Family Code, is |
|
amended by adding Section 153.3101 to read as follows: |
|
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION |
|
ORDER. In a standard possession order, "school" means the primary |
|
or secondary school in which the child is enrolled or, if the child |
|
is not enrolled in a primary or secondary school, the public school |
|
district in which the child primarily resides. |
|
SECTION 5. Section 153.311, Family Code, is amended to read |
|
as follows: |
|
Sec. 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 by the parties and, in the absence of mutual |
|
agreement, shall have possession of the child under the specified |
|
terms set out in the standard possession order. |
|
SECTION 6. Section 153.312, Family Code, is amended to read |
|
as follows: |
|
Sec. 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 possession of the child as follows: |
|
(1) on weekends throughout the year beginning at 6 |
|
p.m. on the first, third, and fifth Friday of each month and ending |
|
at 6 p.m. on the following Sunday [except that, at the possessory
|
|
conservator's election made before or at the time of the rendition
|
|
of the original or modification order, and as specified in the
|
|
original or modification order, the weekend periods of possession
|
|
specified by this subdivision that occur during the regular school
|
|
term shall begin at the time the child's school is regularly
|
|
dismissed and end at 6 p.m. on the following Sunday]; and |
|
(2) on Thursdays of each week during the regular |
|
school term beginning at 6 p.m. and ending at 8 p.m.[, or, at the
|
|
possessory conservator's election made before or at the time of the
|
|
rendition of the original or modification order, and as specified
|
|
in the original or modification order, beginning at the time the
|
|
child's school is regularly dismissed and ending at the time the
|
|
child's school resumes], unless the court finds that visitation |
|
under this subdivision is not in the best interest of the child. |
|
(b) The following provisions govern possession of the child |
|
for vacations and certain specific holidays and supersede |
|
conflicting weekend or Thursday periods of possession. The |
|
possessory conservator and the managing conservator shall have |
|
rights of possession of the child as follows: |
|
(1) the possessory conservator shall have possession |
|
in even-numbered years, 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, and |
|
the managing conservator shall have possession for the same period |
|
in odd-numbered years; |
|
(2) if a possessory conservator: |
|
(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 30 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) 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 |
|
(4) if the managing conservator gives the possessory |
|
conservator written notice by April 15 of each year or gives the |
|
possessory conservator 14 days' written notice on or after April 16 |
|
of each year, the managing conservator may designate one weekend |
|
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, during |
|
which an otherwise scheduled weekend period of possession by the |
|
possessory conservator will not take place, provided that the |
|
weekend designated does not interfere with the possessory |
|
conservator's period or periods of extended summer possession or |
|
with Father's Day if the possessory conservator is the father of the |
|
child. |
|
SECTION 7. Section 153.313, Family Code, is amended to read |
|
as follows: |
|
Sec. 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 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; |
|
(3) if the possessory conservator: |
|
(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) 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 42 consecutive days beginning at 6 |
|
p.m. on June 15 and ending at 6 p.m. on July 27; |
|
(4) 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 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 (3), provided that if a period of |
|
possession by the possessory conservator exceeds 30 days, the |
|
managing conservator may have possession of the child under the |
|
terms of this subdivision on two nonconsecutive weekends during |
|
that time period, and further provided that the managing |
|
conservator picks up the child from the possessory conservator and |
|
returns the child to that same place; and |
|
(5) if the managing conservator gives the possessory |
|
conservator written notice by April 15 of each year, the managing |
|
conservator may designate 21 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, during which the possessory conservator may not |
|
have possession of the child, provided that the period or periods so |
|
designated do not interfere with the possessory conservator's |
|
period or periods of extended summer possession or with Father's |
|
Day if the possessory conservator is the father of the child. |
|
SECTION 8. Section 153.314, Family Code, is amended to read |
|
as follows: |
|
Sec. 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 distance the parents reside apart. The possessory |
|
conservator and the managing conservator shall have rights of |
|
possession of the child as follows: |
|
(1) the possessory conservator shall have possession |
|
of the child in even-numbered years beginning at 6 p.m. on the day |
|
the child is dismissed from school for the Christmas school |
|
vacation and ending at noon on December 28, and the managing |
|
conservator shall have possession for the same period in |
|
odd-numbered years; |
|
(2) the possessory conservator shall have possession |
|
of the child in odd-numbered years beginning at noon on December 28 |
|
and ending at 6 p.m. on the day before school resumes after that |
|
vacation, and the managing conservator shall have possession for |
|
the same period in even-numbered years; |
|
(3) the possessory conservator shall have possession |
|
of the child in odd-numbered years, beginning at 6 p.m. on the day |
|
the child is dismissed from school before Thanksgiving and ending |
|
at 6 p.m. on the following Sunday, and the managing conservator |
|
shall have possession for the same period in even-numbered years; |
|
(4) the parent not otherwise entitled under this |
|
standard possession order to present possession of a child on the |
|
child's birthday shall have possession of the child beginning at 6 |
|
p.m. and ending at 8 p.m. on that day, provided that the parent |
|
picks up the child from the residence of the conservator entitled to |
|
possession and returns the child to that same place; |
|
(5) if a conservator, the father shall have possession |
|
of the child beginning at 6 p.m. on the Friday preceding Father's |
|
Day and ending on Father's Day at 6 p.m., provided that, if he is not |
|
otherwise entitled under this standard possession order to present |
|
possession of the child, he picks up the child from the residence of |
|
the conservator entitled to possession and returns the child to |
|
that same place; and |
|
(6) if a conservator, the mother shall have possession |
|
of the child beginning at 6 p.m. on the Friday preceding Mother's |
|
Day and ending on Mother's Day at 6 p.m., provided that, if she is |
|
not otherwise entitled under this standard possession order to |
|
present possession of the child, she picks up the child from the |
|
residence of the conservator entitled to possession and returns the |
|
child to that same place. |
|
SECTION 9. Section 153.315, Family Code, is amended to read |
|
as follows: |
|
Sec. 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY. |
|
(a) If a weekend period of possession of the possessory |
|
conservator coincides with a student [school] holiday or teacher |
|
in-service day that falls on a Monday during the regular school |
|
term, as determined by the school in which the child is enrolled, or |
|
with a federal, state, or local holiday that falls on a Monday |
|
during the summer months in which school is not in session, the |
|
weekend possession shall end at 6 p.m. on [a] Monday [holiday or
|
|
school holiday or shall begin at 6 p.m. Thursday for a Friday
|
|
holiday or school holiday, as applicable]. |
|
(b) If a weekend period of possession of the possessory |
|
conservator coincides with a student holiday or teacher in-service |
|
day that falls on a Friday during the regular school term, as |
|
determined by the school in which the child is enrolled, or with a |
|
federal, state, or local holiday that falls on a Friday during the |
|
summer months in which school is not in session, the weekend |
|
possession shall begin at 6 p.m. on Thursday [At the possessory
|
|
conservator's election, made before or at the time of the rendition
|
|
of the original or modification order, and as specified in the
|
|
original or modification order, periods of possession extended by a
|
|
holiday may begin at the time the child's school is regularly
|
|
dismissed]. |
|
SECTION 10. Section 153.317, Family Code, is amended to |
|
read as follows: |
|
Sec. 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 more of the following alternative |
|
beginning and ending possession times for the described periods of |
|
possession, unless the court finds that the election is not in the |
|
best interest of the child: |
|
(1) for weekend periods of possession under Section |
|
153.312(a)(1) during the regular school term: |
|
(A) beginning at the time the child's school is |
|
regularly dismissed; or |
|
(B) ending at the time the child's school resumes |
|
after the weekend; |
|
(2) for Thursday periods of possession under Section |
|
153.312(a)(2): |
|
(A) beginning at the time the child's school is |
|
regularly dismissed; or |
|
(B) ending at the time the child's school resumes |
|
on Friday; |
|
(3) for spring vacation periods of possession under |
|
Section 153.312(b)(1), beginning at the time the child's school is |
|
dismissed for those vacations; |
|
(4) for Christmas school vacation periods of |
|
possession under Section 153.314(1), beginning at the time the |
|
child's school is dismissed for the vacation; |
|
(5) for Thanksgiving holiday periods of possession |
|
under Section 153.314(3), beginning at the time the child's school |
|
is dismissed for the holiday; |
|
(6) for Father's Day periods of possession under |
|
Section 153.314(5), ending at 8 a.m. on the Monday after Father's |
|
Day weekend; |
|
(7) for Mother's Day periods of possession under |
|
Section 153.314(6): |
|
(A) beginning at the time the child's school is |
|
regularly dismissed on the Friday preceding Mother's Day; or |
|
(B) ending at the time the child's school resumes |
|
after Mother's Day; or |
|
(8) for weekend periods of possession that are |
|
extended under Section 153.315(b) by a student holiday or teacher |
|
in-service day that falls on a Friday, beginning at the time the |
|
child's school is regularly dismissed on Thursday. |
|
(b) A conservator must make an election under Subsection (a) |
|
before or at the time of the rendition of a possession order. The |
|
election may be made: |
|
(1) in a written document filed with the court; or |
|
(2) through an oral statement made in open court on the |
|
record. [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 order, the standard order must expressly
|
|
provide that the possessory conservator's period of possession
|
|
shall begin or end, or both, at a different time expressly set in
|
|
the standard order under and within the range of alternative times
|
|
provided by one or both of the following subdivisions:
|
|
[(1)
instead of a period of possession by a possessory
|
|
conservator beginning at 6 p.m. on the day school recesses, the
|
|
period of possession may be set in the standard possession order to
|
|
begin at the time the child's school is regularly dismissed or at
|
|
any time between the time the child's school is regularly dismissed
|
|
and 6 p.m.; and
|
|
[(2)
except for Thursday evening possession, instead
|
|
of a period of possession by a possessory conservator ending at 6
|
|
p.m. on the day before school resumes, the period of possession may
|
|
be set in the standard order to end at the time school resumes.] |
|
SECTION 11. Section 153.432, Family Code, is amended by |
|
adding a new Subsection (c) to read as follows: |
|
(c) In a suit described by Subsection (a), the person filing |
|
the suit must execute and attach an affidavit on knowledge or belief |
|
that contains, along with supporting facts, the allegation that |
|
denial of possession of or access to the child by the petitioner |
|
would significantly impair the child's physical health or emotional |
|
well-being. The court shall deny the relief sought and dismiss the |
|
suit, unless the court determines, on the basis of the affidavit, |
|
that the facts stated in the affidavit, if true, would be sufficient |
|
to support the relief authorized under Section 153.433. |
|
SECTION 12. Section 153.433, Family Code, is amended to |
|
read as follows: |
|
Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. |
|
(a) The court may [shall] order reasonable possession of or access |
|
to a grandchild by a grandparent if: |
|
(1) at the time the relief is requested, at least one |
|
biological or adoptive parent of the child has not had that parent's |
|
parental rights terminated; |
|
(2) the grandparent requesting possession of or access |
|
to the child overcomes the presumption that a parent acts in the |
|
best interest of the parent's child by proving by a preponderance of |
|
the evidence that denial of possession of or access to the child |
|
would significantly impair the child's physical health or emotional |
|
well-being; and |
|
(3) the grandparent requesting possession of or access |
|
to the child is a parent of a parent of the child and that parent of |
|
the child: |
|
(A) has been incarcerated in jail or prison |
|
during the three-month period preceding the filing of the petition; |
|
(B) has been found by a court to be incompetent; |
|
(C) is dead; or |
|
(D) does not have actual or court-ordered |
|
possession of or access to the child. |
|
(b) An order granting possession of or access to a child by a |
|
grandparent that is rendered over a parent's objections must state, |
|
with specificity: |
|
(1) that at the time the relief was requested, at least |
|
one biological or adoptive parent of the child had not had that |
|
parent's parental rights terminated; |
|
(2) the evidence that supports the conclusion that the |
|
grandparent requesting possession of or access to the child has |
|
overcome the presumption that a parent acts in the best interest of |
|
the parent's child; |
|
(3) the evidence that supports the conclusion that the |
|
denial of possession of or access to the child would significantly |
|
impair the child's physical health or emotional well-being; and |
|
(4) that the grandparent requesting possession of or |
|
access to the child is a parent of a parent of the child and that |
|
parent of the child: |
|
(A) has been incarcerated in jail or prison |
|
during the three-month period preceding the filing of the petition; |
|
(B) has been found by a court to be incompetent; |
|
(C) is dead; or |
|
(D) does not have actual or court-ordered |
|
possession of or access to the child. |
|
SECTION 13. Section 153.551, Family Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) A [The] sibling described by Subsection (a) [of a child] |
|
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. |
|
(c) The court shall order reasonable access to the child by |
|
the child's sibling described by Subsection (a) if the court finds |
|
that access is in the best interest of the child. |
|
SECTION 14. Section 153.605, Family Code, is amended by |
|
amending Subsection (b) and adding Subsection (d) to read as |
|
follows: |
|
(b) The court may not appoint a parenting coordinator |
|
unless, after notice and hearing, the court makes a specific |
|
finding that: |
|
(1) the case is a high-conflict case[;] or |
|
[(2)] there is good cause shown for the appointment of |
|
a parenting coordinator and the appointment is in the best interest |
|
of any minor child in the suit; and |
|
(2) the person appointed has the minimum |
|
qualifications required by Section 153.610, as documented by the |
|
person. |
|
(d) A parenting coordinator may not draft a settlement |
|
agreement described by Section 154.071, Civil Practice and Remedies |
|
Code. |
|
SECTION 15. Chapter 153, Family Code, is amended by adding |
|
Subchapter L to read as follows: |
|
SUBCHAPTER L. MILITARY DUTY |
|
Sec. 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 access with regard to a child during |
|
the conservator's military deployment, military mobilization, or |
|
temporary military duty. |
|
(2) "Military deployment" means the temporary |
|
transfer of a service member of the armed forces of this state or |
|
the United States serving in an active-duty status to another |
|
location in support of combat or some other military operation. |
|
(3) "Military mobilization" means the call-up of a |
|
National Guard or Reserve service member of the armed forces of this |
|
state or the United States to extended active duty status. The term |
|
does not include National Guard or Reserve annual training. |
|
(4) "Temporary military duty" means the transfer of a |
|
service member of the armed forces of this state or the United |
|
States from one military base to a different location, usually |
|
another base, for a limited time for training or to assist in the |
|
performance of a noncombat mission. |
|
Sec. 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 so as to materially affect the |
|
conservator's ability to exercise the conservator's rights and |
|
duties in relation to a child, either conservator may file for an |
|
order under this subchapter. |
|
(b) The court may render a temporary order in a proceeding |
|
under this subchapter regarding: |
|
(1) possession of or access to the child; or |
|
(2) child support. |
|
(c) A temporary order rendered by the court under this |
|
subchapter may grant rights to and impose duties on a designated |
|
person regarding the child, except the court may not require the |
|
designated person to pay child support. |
|
(d) After a conservator's military deployment, military |
|
mobilization, or temporary military duty is concluded, and the |
|
conservator returns to the conservator's usual residence, the |
|
temporary orders under this section terminate and the rights of all |
|
affected parties are governed by the terms of any court order |
|
applicable when the conservator is not ordered to military |
|
deployment, military mobilization, or temporary military duty. |
|
Sec. 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 military duty, the court may |
|
render a temporary order to appoint a designated person to exercise |
|
the exclusive right to designate the primary residence of the child |
|
during the military deployment, military mobilization, or |
|
temporary military duty in the following order of preference: |
|
(1) the conservator who does not have the exclusive |
|
right to designate the primary residence of the child; |
|
(2) if appointing the conservator described by |
|
Subdivision (1) is not in the child's best interest, a designated |
|
person chosen by the conservator with the exclusive right to |
|
designate the primary residence of the child; or |
|
(3) if appointing the conservator described by |
|
Subdivision (1) or the person chosen under Subdivision (2) is not in |
|
the child's best interest, another person chosen by the court. |
|
(b) A designated person named in a temporary order rendered |
|
under this section has the rights and duties of a nonparent |
|
appointed as sole managing conservator under Section 153.371. |
|
(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. |
|
Sec. 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 award visitation with the child to a |
|
designated person chosen by the conservator with the exclusive |
|
right to designate the primary residence of the child. |
|
(b) The periods of visitation shall be the same as the |
|
visitation to which the conservator without the exclusive right to |
|
designate the primary residence of the child was entitled under the |
|
court order in effect immediately before the date the temporary |
|
order is rendered. |
|
(c) 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 without the exclusive right to designate |
|
the primary residence of the child is entitled under the court order |
|
in effect immediately before the date the temporary order is |
|
rendered; |
|
(2) the child's other conservator and the designated |
|
person under this section are subject to the requirements of |
|
Section 153.316, with the designated person considered for purposes |
|
of that section to be the possessory conservator; |
|
(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 person has possession |
|
of the child; and |
|
(4) the designated person under this section is |
|
subject to any provision in a court order restricting or |
|
prohibiting access to the child by any specified individual. |
|
(d) The court may limit or expand the rights of a nonparent |
|
designated person named in a temporary order rendered under this |
|
section as appropriate to the best interest of the child. |
|
Sec. 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 military duty, the court may award visitation with the |
|
child to a designated person chosen by the conservator, if the |
|
visitation is in the best interest of the child. |
|
(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; |
|
(2) the child's other conservator and the designated |
|
person under this section are subject to the requirements of |
|
Section 153.316, with the designated person considered for purposes |
|
of that section to be the possessory conservator; |
|
(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 |
|
(4) the designated person under this section is |
|
subject to any provision in a court order restricting or |
|
prohibiting access to the child by any specified individual. |
|
(c) The court may limit or expand the rights of a nonparent |
|
designated person named in a temporary order rendered under this |
|
section as appropriate to the best interest of the child. |
|
Sec. 153.706. TEMPORARY ORDER FOR CHILD SUPPORT. A |
|
temporary order rendered under this subchapter may result in a |
|
change of circumstances sufficient to justify a temporary order |
|
modifying the child support obligations of a party. |
|
Sec. 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 |
|
cause shown, hold an expedited hearing if the court finds that the |
|
conservator's military duties have a material effect on the |
|
conservator's ability to appear in person at a regularly scheduled |
|
hearing. |
|
(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. |
|
(c) On a motion by any party, the court shall, after |
|
reasonable advance notice and for good cause shown, allow a party to |
|
present testimony and evidence by electronic means, including by |
|
teleconference or through the Internet. |
|
Sec. 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 against the |
|
conservator who has been ordered to military deployment, military |
|
mobilization, or temporary military duty. |
|
Sec. 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 is a member of the armed services concludes the |
|
conservator's military deployment, military mobilization, or |
|
temporary military duty, the conservator may petition the court to: |
|
(1) compute the periods of possession of or access to |
|
the child to which the conservator would have otherwise been |
|
entitled during the conservator's deployment; and |
|
(2) award the conservator additional periods of |
|
possession of or access to the child to compensate for the periods |
|
described by Subdivision (1). |
|
(b) If the conservator described by Subsection (a) |
|
petitions the court under Subsection (a), the court: |
|
(1) shall compute the periods of possession or access |
|
to the child described by Subsection (a)(1); and |
|
(2) may award to the conservator additional periods of |
|
possession of or access to the child for a length of time and under |
|
terms the court considers reasonable, if the court determines that: |
|
(A) the conservator was on military deployment, |
|
military mobilization, or temporary military duty in a location |
|
where access to the child was not reasonably possible; and |
|
(B) the award of additional periods of possession |
|
of or access to the child is in the best interest of the child. |
|
(c) In making the determination under Subsection (b)(2), |
|
the court: |
|
(1) shall consider: |
|
(A) the periods of possession of or access to the |
|
child to which the conservator would otherwise have been entitled |
|
during the conservator's military deployment, military |
|
mobilization, or temporary military duty, as computed under |
|
Subsection (b)(1); |
|
(B) whether the court named a designated person |
|
under Section 153.705 to exercise limited possession of the child |
|
during the conservator's deployment; and |
|
(C) any other factor the court considers |
|
appropriate; and |
|
(2) is not required to award additional periods of |
|
possession of or access to the child that equals the possession or |
|
access to which the conservator would have been entitled during the |
|
conservator's military deployment, military mobilization, or |
|
temporary military duty, as computed under Subsection (b)(1). |
|
(d) After the conservator described by Subsection (a) has |
|
exercised all additional periods of possession or access awarded |
|
under this section, the rights of all affected parties are governed |
|
by the terms of the court order applicable when the conservator is |
|
not ordered to military deployment, military mobilization, or |
|
temporary military duty. |
|
SECTION 16. Section 156.002, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The sibling of a child who is separated from the child |
|
because of the actions of the Department of Family and Protective |
|
Services may file a suit for modification requesting access to the |
|
child in the court with continuing, exclusive jurisdiction. |
|
SECTION 17. Section 156.006, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) Subsection (b)(2) does not apply to a conservator who |
|
has the exclusive right to designate the primary residence of the |
|
child and who has temporarily relinquished the primary care and |
|
possession of the child to another person during the conservator's |
|
military deployment, military mobilization, or temporary military |
|
duty, as those terms are defined by Section 153.701. |
|
SECTION 18. Section 156.101, Family Code, is amended to |
|
read as follows: |
|
Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER |
|
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. (a) The |
|
court may modify an order that provides for the appointment of a |
|
conservator of a child, that provides the terms and conditions of |
|
conservatorship, or that provides for the possession of or access |
|
to a child if modification would be in the best interest of the |
|
child and: |
|
(1) the circumstances of the child, a conservator, or |
|
other party affected by the order have materially and substantially |
|
changed since the earlier of: |
|
(A) the date of the rendition of the order; or |
|
(B) the date of the signing of a mediated or |
|
collaborative law settlement agreement on which the order is based; |
|
(2) the child is at least 12 years of age and has filed |
|
with the court, in writing, the name of the person who is the |
|
child's preference to have the exclusive right to designate the |
|
primary residence of the child; or |
|
(3) the conservator who has the exclusive right to |
|
designate the primary residence of the child has voluntarily |
|
relinquished the primary care and possession of the child to |
|
another person for at least six months. |
|
(b) Subsection (a)(3) does not apply to a conservator who |
|
has the exclusive right to designate the primary residence of the |
|
child and who has temporarily relinquished the primary care and |
|
possession of the child to another person during the conservator's |
|
military deployment, military mobilization, or temporary military |
|
duty, as those terms are defined by Section 153.701. |
|
SECTION 19. Section 156.102, Family Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) Subsection (b)(3) does not apply to a person who has the |
|
exclusive right to designate the primary residence of the child and |
|
who has temporarily relinquished the primary care and possession of |
|
the child to another person during the conservator's military |
|
deployment, military mobilization, or temporary military duty, as |
|
those terms are defined by Section 153.701. |
|
SECTION 20. Section 156.105, Family Code, is amended to |
|
read as follows: |
|
Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY DUTY |
|
[DEPLOYMENT]. [(a)
In this section, "military deployment" means
|
|
military duty ordered for a period of more than six months during
|
|
which the person ordered to duty:
|
|
[(1)
is not provided the option of being accompanied
|
|
by the person's child; and
|
|
[(2)
is serving in a location where access to the
|
|
person's child is not reasonably possible.
|
|
[(b)] The military duty of a conservator who is ordered to |
|
military deployment, military mobilization, or temporary military |
|
duty, as those terms are defined by Section 153.701, does not by |
|
itself constitute [of a person who is a possessory conservator or a
|
|
joint managing conservator without the exclusive right to designate
|
|
the primary residence of the child is] a material and substantial |
|
change of circumstances sufficient to justify a modification of an |
|
existing court order or portion of a decree that sets the terms and |
|
conditions for the possession of or access to a child except that |
|
the court may render a temporary order under Subchapter L, Chapter |
|
153. |
|
[(c)
If the court determines that modification is in the
|
|
best interest of the child, the court may modify the order or decree
|
|
to provide in a manner consistent with Section 153.3161 for
|
|
possession of the child during the period of the military
|
|
deployment by a person designated by the deployed conservator.] |
|
SECTION 21. Sections 153.137, 153.3161, 153.552, and |
|
156.410, Family Code, are repealed. |
|
SECTION 22. (a) Sections 102.0045, 153.432, 153.433, |
|
153.551, 156.002, 156.006, 156.101, 156.102, and 156.105, Family |
|
Code, as amended by this Act, apply only to a suit affecting the |
|
parent-child relationship pending in a trial court on or filed on or |
|
after the effective date of this Act. |
|
(b) Sections 153.311, 153.312, 153.313, 153.314, 153.315, |
|
and 153.317, Family Code, as amended by this Act, and Section |
|
153.3101, Family Code, as added by this Act, apply only to a court |
|
order providing for possession of or access to a child rendered on |
|
or after the effective date of this Act. A court order rendered |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the order was rendered, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 23. This Act takes effect September 1, 2009. |