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High Code (1995)

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Added by Acts , 74th Leg. Amended by Acts , 74th Leg. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining: A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents.

It is a rebuttable presumption that the appointment of a parent as the sole managing conservator of a child or as the conservator who has the exclusive right to determine the primary residence of a child is not in the best interest of the child if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by that parent directed against the other parent, a spouse, or a child. A the periods of access be continuously supervised by an entity or person chosen by the court; B the exchange of possession of the child occur in a protective setting; C the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter , Health and Safety Code, within 12 hours prior to or during the period of access to the child; or D the parent attend and complete a battering intervention and prevention program as provided by Article Amended by Acts , 76th Leg.

Acts , 83rd Leg. Acts , 85th Leg. Acts , 84th Leg. If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child.

Acts , 79th Leg. Acts , 80th Leg. The agreement must state whether the arbitration is binding or non-binding.

After an objection is filed, the suit may not be referred to mediation unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection.

If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection.

The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. This subsection does not apply to suits filed under Chapter This subsection does not affect the duty of a person to report abuse or neglect under Section Amended by Acts , 75th Leg. Added by Acts , 82nd Leg. A record of the interview shall be part of the record in the case. If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security.

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The court shall set the amount and condition the bond or security on compliance with the order. The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator.

A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child.

Added by Acts , 77th Leg. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.

In determining whether to award electronic communication, the court shall consider: The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate. Added by Acts , 80th Leg. If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised: The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child.

Guidelines on the Implementation of the ISM Code A.788(19) -1995

Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child: The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support.

An offense under this subsection is a Class C misdemeanor. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection.

Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights: Acts , 81st Leg. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators.

The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator.

The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child.

In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F: The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate.

In rendering the order, the court shall consider evidence of all relevant factors, including: A the age of the child; or B minimal or inconsistent contact with the child by a party; 12 the ability of the parties to share in the responsibilities, rights, and duties of parenting; and 13 any other evidence of the best interest of the child.

Acts , 82nd Leg. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. In ordering the terms of possession of a child under an order other than a standard possession order, the court shall be guided by the guidelines established by the standard possession order and may consider: In an order providing for the terms and conditions of possession of a child, the court may restrict the means of travel of the child by a legal mode of transportation only after a showing of good cause contained in the record and a finding by the court that the restriction is in the best interest of the child.

The court shall specify the duties of the conservators to provide transportation to and from the transportation facilities. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides.

Added by Acts , 81st Leg. 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.

FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS

The possessory conservator and the managing conservator shall have rights of possession of the child as follows: If the possessory conservator resides more than miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows: 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.

Amended by Acts , 78th Leg. The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child: A the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator; or B the possessory conservator shall return the child to the residence of the managing conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if: The election may be made: Unless limited by court order or other provisions of this chapter, a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services appointed as a managing conservator of the child has the following rights and duties: Unless limited by court order or other provisions of this chapter, a nonparent joint managing conservator has the right of access to the medical records of the child, without regard to whether the right is specified in the order.

Added by Acts , 76th Leg. The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that: A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order.

If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court.