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A BILL TO BE ENTITLED
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AN ACT
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relating to orders for the conservatorship of, possession of or |
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access to, or support of a child in a suit affecting the |
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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 153.001(a), Family Code, is amended to |
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read as follows: |
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(a) The public policy of this state is to: |
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(1) assure that children will have frequent and |
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continuing contact with parents who have shown the ability to act in |
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the best interest of the child; |
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(2) provide a safe, stable, and nonviolent environment |
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for the child; [and] |
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(3) encourage parents to share equally in the rights |
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and duties of raising their child after the parents have separated |
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or dissolved their marriage; and |
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(4) if parents reside in reasonable proximity to each |
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other, allocate rights of equal or nearly equal periods of physical |
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possession of and access to the child. |
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SECTION 2. Section 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
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interest of the child shall always be the primary consideration of |
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the court in determining the issues of conservatorship and |
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possession of and access to the child. |
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(b) In determining the best interest of the child, in |
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addition to any other factors the court is required to consider |
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under this chapter or other law, the court shall consider the |
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following factors: |
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(1) the child's wishes as to conservatorship, |
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possession, or access; |
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(2) the child's current and future emotional and |
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physical needs; |
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(3) any current or future emotional or physical danger |
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to the child; |
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(4) the parenting abilities of the party seeking |
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conservatorship or possession of or access to the child; |
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(5) the programs available to assist the party seeking |
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conservatorship or possession of or access to the child; |
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(6) the plans for the child of any person seeking |
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conservatorship or possession of or access to the child; |
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(7) the stability of any proposed placement; |
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(8) any act or omission by a parent seeking |
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conservatorship or possession of or access to the child that may |
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indicate the parent does not act in the best interest of the child; |
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(9) any explanation for the parent's act or omission |
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described by Subdivision (8); and |
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(10) any other factor the court considers relevant to |
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the determination. |
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SECTION 3. Section 153.007(a), Family Code, is amended to |
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read as follows: |
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(a) To promote the amicable settlement of disputes between |
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the parties to a suit, the parties may enter into a written agreed |
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parenting plan containing provisions for conservatorship and |
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possession of the child and for modification of the parenting plan, |
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including variations from the equal parenting order under |
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Subchapter F-1 or the standard possession order under Subchapter F. |
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SECTION 4. Section 153.134, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding any other provision of this chapter and |
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except as otherwise provided by this subsection, if the court |
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renders an order appointing the parents as joint managing |
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conservators under this section and the parents reside 20 miles or |
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less apart, the court shall render an equal parenting order under |
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Subchapter F-1 providing for equal or nearly equal periods of |
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physical possession of the child, unless the court determines and |
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enters a finding of fact on the record specifying that equal or |
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nearly equal periods of physical possession are not in the best |
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interest of the child, in which case the court may enter: |
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(1) a standard possession order as provided by |
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Subchapter F, including an expanded standard possession order under |
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Section 153.3171, if applicable; or |
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(2) if the court finds that the standard possession |
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order is not in the best interest of the child, another order for |
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possession of the child that the court determines is in the best |
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interest of the child. |
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SECTION 5. Section 153.251(a), Family Code, is amended to |
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read as follows: |
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(a) The guidelines established in the standard possession |
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order are intended to guide the courts in ordering the terms and |
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conditions for possession of a child by a parent named as a |
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possessory conservator, or as the minimum possession for a joint |
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managing conservator if the court does not render an equal |
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parenting order under Subchapter F-1. |
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SECTION 6. Section 153.252, Family Code, is amended to read |
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as follows: |
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Sec. 153.252. REBUTTABLE PRESUMPTION. (a) Except as |
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provided by Subsection (b), in [In] a suit, there is a rebuttable |
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presumption that the standard possession order in Subchapter F: |
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(1) provides reasonable minimum possession of a child |
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for a parent named as a possessory conservator or joint managing |
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conservator; and |
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(2) is in the best interest of the child. |
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(b) If the court renders an order appointing the parents as |
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joint managing conservators and the parents reside 20 miles or less |
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apart, there is a rebuttable presumption that the equal parenting |
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order under Subchapter F-1 is in the best interest of the child. If |
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the court finds that the equal parenting order under Subchapter F-1 |
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is not in the best interest of the child, the presumption provided |
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by Subsection (a) applies. |
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SECTION 7. Chapter 153, Family Code, is amended by adding |
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Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. EQUAL PARENTING ORDER FOR JOINT MANAGING |
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CONSERVATORS WHO RESIDE 20 MILES OR LESS APART |
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Sec. 153.351. AUTHORITY TO RENDER EQUAL PARENTING ORDER. |
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Notwithstanding any other provision of this chapter, a court shall |
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enter an equal parenting order under this subchapter providing for |
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equal or nearly equal periods of possession of a child in accordance |
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with this subchapter if the court: |
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(1) appoints the parents as joint managing |
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conservators under Section 153.134; |
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(2) determines the parents reside 20 miles or less |
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apart; and |
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(3) determines that the order would be in the best |
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interest of the child. |
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Sec. 153.352. DESIGNATION OF CONSERVATORS UNDER EQUAL |
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PARENTING ORDER. For purposes of this subchapter, the court shall |
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designate the joint managing conservator with the exclusive right |
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to designate the child's primary residence as "conservator A" and |
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the other joint managing conservator as "conservator B." |
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Sec. 153.353. REFERENCE TO "SCHOOL" IN EQUAL PARENTING |
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ORDER. (a) In an equal parenting order, "school" means the |
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elementary or secondary school in which the child is enrolled or, if |
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the child is not enrolled in an elementary or secondary school, the |
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public school district in which the child primarily resides. |
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(b) In this subchapter, if a period of possession in an |
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equal parenting order begins or ends at the time the child's school |
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regularly resumes, and the child is not attending school on that |
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day, the period of possession shall begin or end at 8:00 a.m. |
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Sec. 153.354. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR |
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POSSESSION. The court shall specify in an equal parenting order |
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that the parties may have possession of the child at times mutually |
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agreed to in advance by the parties and, in the absence of mutual |
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agreement, shall have possession of the child under the specified |
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terms set out in the equal parenting order. |
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Sec. 153.355. POSSESSION SCHEDULE UNDER EQUAL PARENTING |
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ORDER. Unless an alternative possession schedule is ordered under |
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Section 153.356, in an equal parenting order: |
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(1) conservator B shall have the right to possession |
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of the child as follows: |
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(A) on weekends throughout the year beginning at |
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the time school regularly resumes on the first and third Friday of |
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each month and ending at the time school regularly resumes on the |
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following Monday; and |
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(B) on Wednesdays and Thursdays of each week |
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beginning at the time school regularly resumes on Wednesday and |
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ending at the time school regularly resumes on Friday; |
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(2) conservator A shall have the right to possession |
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of the child as follows: |
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(A) on weekends throughout the year beginning at |
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the time school regularly resumes on the second and fourth Friday of |
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each month and ending at the time school regularly resumes on the |
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following Monday; and |
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(B) on Mondays and Tuesdays of each week |
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beginning at the time school regularly resumes on Monday and ending |
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at the time school regularly resumes on Wednesday; and |
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(3) for weekends that begin at the time school |
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regularly resumes on the fifth Friday of a month and end at the time |
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school regularly resumes on the following Monday, the conservators |
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shall alternate weekends of possession throughout the year on a |
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schedule that begins as follows: |
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(A) conservator B shall have the right to |
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possession of the child on the first such weekend of the year in |
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even-numbered years; and |
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(B) conservator A shall have the right to |
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possession of the child on the first such weekend of the year in |
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odd-numbered years. |
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Sec. 153.356. ALTERNATIVE SCHEDULE UNDER EQUAL PARENTING |
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ORDER. (a) As an alternative to the possession schedule under |
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Section 153.355, the court in an equal parenting order may |
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designate an alternative possession schedule as provided in this |
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section. |
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(b) Under an alternative possession schedule: |
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(1) conservator B shall have the right to possession |
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of the child beginning at the time school regularly resumes on the |
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first and third Friday of each month and ending at the time school |
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regularly resumes on the following Friday; |
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(2) conservator A shall have the right to possession |
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of the child beginning at the time school regularly resumes on the |
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second and fourth Friday of each month and ending at the time school |
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regularly resumes on the following Friday; and |
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(3) for weeks that begin at the time school regularly |
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resumes on the fifth Friday of a month and end at the time school |
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regularly resumes on the following Friday, the conservators shall |
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alternate weeks of possession throughout the year on a schedule |
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that begins as follows: |
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(A) conservator B shall have the right to |
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possession of the child on the first such week of the year in |
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even-numbered years; and |
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(B) conservator A shall have the right to |
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possession of the child on the first such week of the year in |
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odd-numbered years. |
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Sec. 153.357. VACATION AND HOLIDAY POSSESSION SCHEDULE |
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UNDER EQUAL PARENTING ORDER. (a) This section governs possession |
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of the child for certain vacations and holidays and supersedes the |
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periods of possession described by Section 153.355 or 153.356. |
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(b) Under an equal parenting order: |
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(1) conservator B shall have possession of the child |
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in even-numbered years beginning at the time the child's school |
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resumes on the day the child is dismissed from school for the |
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school's spring vacation and ending at the time the child's school |
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resumes after that vacation; |
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(2) conservator A shall have possession of the child |
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in odd-numbered years beginning at the time the child's school |
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resumes on the day the child is dismissed from school for the |
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school's spring vacation and ending at the time the child's school |
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resumes after that vacation; |
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(3) the conservators shall alternate 14-day periods of |
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possession for eight weeks during the period the child's school is |
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dismissed for summer vacation, regardless of whether the child |
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participates in summer school, on a schedule that begins as |
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follows: |
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(A) in even-numbered years, conservator B shall |
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have the right to possession of the child: |
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(i) beginning when school regularly resumes |
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the day school is dismissed for summer vacation if school is |
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dismissed for summer vacation on a Friday, otherwise at 8:00 a.m. |
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the first Friday of the period the child's school is dismissed for |
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summer vacation; and |
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(ii) ending at 8 a.m. the second Friday |
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after the period of possession begins; and |
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(B) in odd-numbered years, conservator A shall |
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have the right to possession of the child: |
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(i) beginning when school regularly resumes |
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the day school is dismissed for summer vacation if school is |
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dismissed for summer vacation on a Friday, otherwise at 8:00 a.m. |
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the first Friday of the period the child's school is dismissed for |
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summer vacation; and |
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(ii) ending at 8 a.m. the second Friday |
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after the period of possession begins; and |
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(4) the conservators shall have rights of possession |
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of the child during holiday periods as follows: |
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(A) conservator B shall have possession of the |
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child in even-numbered years beginning at 4 p.m. on the day the |
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child is dismissed from school for the Christmas school vacation |
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and ending at noon on December 28, and conservator A shall have |
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possession for the same period in odd-numbered years; |
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(B) conservator B shall have possession of the |
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child in odd-numbered years beginning at noon on December 28 and |
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ending at 4 p.m. on the day before school resumes after that |
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vacation, and conservator A shall have possession for the same |
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period in even-numbered years; |
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(C) conservator B shall have possession of the |
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child in odd-numbered years beginning at 4 p.m. on the day the child |
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is dismissed from school before Thanksgiving and ending at 4 p.m. on |
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the following Sunday, and conservator A shall have possession for |
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the same period in even-numbered years; |
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(D) the parent not otherwise entitled under this |
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equal order to present possession of a child on the child's birthday |
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shall have possession of the child beginning at 6 p.m. and ending at |
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8 p.m. on that day, provided that the parent picks up the child from |
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the residence of the conservator entitled to possession and returns |
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the child to that same place; |
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(E) the father shall have possession of the child |
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beginning at 6 p.m. on the Friday preceding Father's Day and ending |
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on Father's Day at 6 p.m., provided that, if he is not otherwise |
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entitled under this equal parenting order to present possession of |
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the child, he picks up the child from the residence of the |
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conservator entitled to possession and returns the child to that |
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same place; and |
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(F) the mother shall have possession of the child |
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beginning at 6 p.m. on the Friday preceding Mother's Day and ending |
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on Mother's Day at 6 p.m., provided that, if she is not otherwise |
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entitled under this equal parenting order to present possession of |
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the child, she picks up the child from the residence of the |
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conservator entitled to possession and returns the child to that |
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same place. |
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SECTION 8. Section 154.122, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) An order for child support rendered for a child who is |
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the subject of an equal parenting order under Subchapter F-1, |
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Chapter 153, is presumed to be reasonable and in the best interest |
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of the child if the order for child support conforms to Section |
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154.1265. |
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SECTION 9. Subchapter C, Chapter 154, Family Code, is |
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amended by adding Section 154.1265 to read as follows: |
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Sec. 154.1265. APPLICATION OF GUIDELINES FOR CHILD SUBJECT |
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TO EQUAL PARENTING ORDER. (a) In ordering child support for a |
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child who is the subject of an equal parenting order under |
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Subchapter F-1, Chapter 153, the court shall determine the amount |
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of the child support obligation as provided by this section. |
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(b) The court shall first apply the child support guidelines |
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with respect to each parent without regard to the other and then |
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subtract the amount of child support determined under the |
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guidelines for the parent who would be obligated to pay the lesser |
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of the two amounts from the amount of child support determined for |
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the parent who would be obligated to pay the greater amount. The |
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net amount is presumed to be a reasonable amount of child support. |
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(c) The court shall render an order requiring the parent |
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determined under Subsection (b) to owe the greater amount to pay as |
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periodic child support the net amount to the other parent. |
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(d) A child support order conforming to the requirements of |
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this section is presumed to be in the best interest of the child. |
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SECTION 10. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the possession of or access to a child rendered before |
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the effective date of this Act. |
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SECTION 11. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 12. This Act takes effect September 1, 2023. |