reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.606. Duties of Parenting Coordinator

Sec. 153.606.  DUTIES OF PARENTING COORDINATOR.  (a)  The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator.  The duties of the parenting coordinator are limited to matters that will aid the parties in:
(1)  identifying disputed issues;
(2)  reducing misunderstandings;
(3)  clarifying priorities;
(4)  exploring possibilities for problem solving;
(5)  developing methods of collaboration in parenting;
(6)  understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan;
(7)  complying with the court's order regarding conservatorship or possession of and access to the child;
(8)  implementing parenting plans;
(9)  obtaining training regarding problem solving, conflict management, and parenting skills; and
(10)  settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes.
(b)  The appointment of a parenting coordinator does not divest the court of:
(1)  its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and
(2)  the authority to exercise management and control of the suit.
(c)  The parenting coordinator may not modify any order, judgment, or decree.
(d)  Meetings between the parenting coordinator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1181, Sec. 11(2), eff. September 1, 2007.
(f)  A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. Docket No. 05-9107, June 13, 2005).  On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment.  A failure to comply with the guidelines is grounds for removal of the parenting coordinator.
Added by Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 11(2), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 19, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6061. Duties of Parenting Facilitator

Sec. 153.6061.  DUTIES OF PARENTING FACILITATOR.  (a)  The court shall specify the duties of a parenting facilitator in the order appointing the parenting facilitator.  The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders.
(b)  A parenting facilitator appointed under this subchapter shall comply with the standard of care applicable to the professional license held by the parenting facilitator in performing the parenting facilitator's duties.
(c)  The appointment of a parenting facilitator does not divest the court of:
(1)  the exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child; and
(2)  the authority to exercise management and control of the suit.
(d)  The parenting facilitator may not modify any order, judgment, or decree.
(e)  Meetings between the parenting facilitator and the parties may be informal and are not required to follow any specific procedures unless otherwise provided by this subchapter or the standards of practice of the professional license held by the parenting facilitator.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 20, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.607. Presumption of Good Faith; Removal of Parenting Coordinator

Sec. 153.607.  PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR.  (a)  It is a rebuttable presumption that a parenting coordinator is acting in good faith if the parenting coordinator's services have been conducted as provided by this subchapter and the Ethical Guidelines for Mediators described by Section 153.606(f).
(a-1)  Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion.
(b)  The court shall remove the parenting coordinator:
(1)  on the request and agreement of all parties;
(2)  on the request of the parenting coordinator;
(3)  on the motion of a party, if good cause is shown; or
(4)  if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610.
Added by Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 21, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6071. Presumption of Good Faith; Removal of Parenting Facilitator

Sec. 153.6071.  PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR.  (a)  It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator.
(b)  Except as otherwise provided by this section, the court may remove the parenting facilitator in the court's discretion.
(c)  The court shall remove the parenting facilitator:
(1)  on the request and agreement of all parties;
(2)  on the request of the parenting facilitator;
(3)  on the motion of a party, if good cause is shown; or
(4)  if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.608. Report of Parenting Coordinator

Sec. 153.608.  REPORT OF PARENTING COORDINATOR.  A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court.  The report must be limited to a statement of whether the parenting coordination should continue.
Added by Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6081. Report of Parenting Facilitator

Sec. 153.6081.  REPORT OF PARENTING FACILITATOR.  A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court.  The report may include a recommendation described by Section 153.6082(e) and any other information required by the court, except that the report may not include recommendations regarding the conservatorship of or the possession of or access to the child who is the subject of the suit.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6082. Report of Joint Proposal or Statement of Intent; Agreements and Recommendations

Sec. 153.6082.  REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS.  (a)  If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit.
(b)  The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is:
(1)  prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of:
(A)  Rule 11, Texas Rules of Civil Procedure;
(B)  a mediated settlement agreement described by Section 153.0071;
(C)  a collaborative law agreement described by Section 153.0072;
(D)  a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or
(E)  a proposed court order; and
(2)  incorporated into an order signed by the court.
(c)  A parenting coordinator or parenting facilitator may not draft a document listed in Subsection (b)(1).
(d)  The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law.
(e)  If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting facilitator and are unable to settle those issues, the parenting facilitator may make recommendations, other than recommendations regarding the conservatorship of or possession of or access to the child, to the parties and attorneys to implement or clarify provisions of an existing court order that are consistent with the substantive intent of the court order and in the best interest of the child who is the subject of the suit.  A recommendation authorized by this subsection does not affect the terms of an existing court order.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6083. Communications and Recordkeeping of Parenting Facilitator

Sec. 153.6083.  COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR.  (a)  Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence.  The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator.
(b)  A parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit.
(c)  A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential.
(d)  On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney.
(e)  A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.609. Compensation of Parenting Coordinator

Sec. 153.609.  COMPENSATION OF PARENTING COORDINATOR.  (a)  A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator.
(b)  Any fees of a parenting coordinator appointed under Subsection (a) shall be allocated between the parties as determined by the court.
(c)  Public funds may not be used to pay the fees of a parenting coordinator.  Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function.
(d)  If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation.
Added by Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 10, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 682 (H.B. 149), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6091. Compensation of Parenting Facilitator

Sec. 153.6091.  COMPENSATION OF PARENTING FACILITATOR.  Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 22, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 682 (H.B. 149), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.610. Qualifications of Parenting Coordinator

Sec. 153.610.  QUALIFICATIONS OF PARENTING COORDINATOR.  (a)  The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and:
(1)  hold at least:
(A)  a bachelor's degree in counseling, education, family studies, psychology, or social work; or
(B)  a graduate degree in a mental health profession, with an emphasis in family and children's issues; or
(2)  be licensed in good standing as an attorney in this state.
(b)  In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least:
(1)  eight hours of family violence dynamics training provided by a family violence service provider;
(2)  40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and
(3)  24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures.
(c)  In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity.
(d)  The actions of a parenting coordinator who is not an attorney do not constitute the practice of law.
Added by Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 23, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.6101. Qualifications of Parenting Facilitator

Sec. 153.6101.  QUALIFICATIONS OF PARENTING FACILITATOR.  (a)  The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section.  On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section.
(b)  A parenting facilitator must:
(1)  hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and
(2)  have completed at least:
(A)  eight hours of family violence dynamics training provided by a family violence service provider;
(B)  40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court;
(C)  24 classroom hours of training in the fields of family dynamics, child development, and family law; and
(D)  16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service.
(c)  The actions of a parenting facilitator who is not an attorney do not constitute the practice of law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 24, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter K. Parenting Plan, Parenting Coordinator, and Parenting Facilitator › Section 153.611. Exception for Certain Title Iv-D Proceedings

Sec. 153.611.  EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS.  Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation.
Added by Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 7, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.701. Definitions

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.702. Temporary Orders

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 without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty.
(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 that if the designated person is a nonparent, 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 112 (H.B. 1404), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.703. Appointing Designated Person for Conservator With Exclusive Right to Designate Primary Residence of Child

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 nonparent appointed as a designated person 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 112 (H.B. 1404), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.704. Appointing Designated Person to Exercise Visitation for Conservator With Exclusive Right to Designate Primary Residence of Child in Certain Circumstances

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.705. Appointing Designated Person to Exercise Visitation for Conservator Without Exclusive Right to Designate Primary Residence of 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.707. Expedited Hearing

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.708. Enforcement

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 153 - Conservatorship, Possession, and Access › Subchapter L. Military Duty › Section 153.709. Additional Periods of Possession or Access

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.002. Child Support Through High School Graduation

Sec. 154.002.  CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION.  (a)  The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:
(1)  enrolled:
(A)  under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma;
(B)  under Section 130.008, Education Code, in courses for joint high school and junior college credit;  or
(C)  on a full-time basis in a private secondary school in a program leading toward a high school diploma;  and
(2)  complying with:
(A)  the minimum attendance requirements of Subchapter C, Chapter 25, Education Code;  or
(B)  the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school.
(b)  The request for a support order through high school graduation may be filed before or after the child's 18th birthday.
(c)  The order for periodic support may provide that payments continue through the end of the month in which the child graduates.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 506, Sec. 1, eff. Aug. 30, 1999;  Acts 2003, 78th Leg., ch. 38, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.003. Manner of Payment

Sec. 154.003.  MANNER OF PAYMENT.  The court may order that child support be paid by:
(1)  periodic payments;
(2)  a lump-sum payment;
(3)  an annuity purchase;
(4)  the setting aside of property to be administered for the support of the child as specified in the order;
(5)  pension, retirement, or other employee benefits in accordance with an enforceable qualified domestic relations order or similar order under Subchapter J, Chapter 157; or
(6)  any combination of periodic payments, lump-sum payments, annuity purchases, or setting aside of property.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.004. Place of Payment

Sec. 154.004.  PLACE OF PAYMENT.  (a)  The court shall order the payment of child support, medical support, and dental support to the state disbursement unit as provided by Chapter 234.
(b)  In a Title IV-D case, the court or the Title IV-D agency shall order that income withheld for child support, medical support, and dental support be paid to the state disbursement unit of this state or, if appropriate, to the state disbursement unit of another state.
(c)  This section does not apply to a child support order that:
(1)  was initially rendered by a court before January 1, 1994;  and
(2)  is not being enforced by the Title IV-D agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1247, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.005. Payments of Support Obligation by Trust

Sec. 154.005.  PAYMENTS OF SUPPORT OBLIGATION BY TRUST.  (a)  The court may order the trustees of a spendthrift or other trust to make disbursements for the support of a child to the extent the trustees are required to make payments to a beneficiary who is required to make child support payments as provided by this chapter.
(b)  If disbursement of the assets of the trust is discretionary, the court may order child support payments from the income of the trust but not from the principal.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.006. Termination of Duty of Support

Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT.  (a)  Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on:
(1)  the marriage of the child;
(2)  the removal of the child's disabilities for general purposes;
(3)  the death of the child;
(4)  a finding by a court that the child:
(A)  is 18 years of age or older; and
(B)  has failed to comply with the enrollment or attendance requirements described by Section 154.002(a);
(5)  the issuance under Section 161.005(h) of an order terminating the parent-child relationship between the obligor and the child based on the results of genetic testing that exclude the obligor as the child's genetic father; or
(6)  if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101.
(b)  Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 38, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 9(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1404 (S.B. 617), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 54 (S.B. 785), Sec. 1, eff. May 12, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.007. Order to Withhold Child Support From Income

Sec. 154.007.  ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME.  (a)  In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158.
(b)  If the court does not order income withholding, an order for support must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs.
(c)  A child support order must be construed to contain a withholding provision even if the provision has been omitted from the written order.
(d)  If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 911, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.008. Provision for Medical Support and Dental Support

Sec. 154.008.  PROVISION FOR MEDICAL SUPPORT AND DENTAL SUPPORT.  The court shall order medical support and dental support for the child as provided by Subchapters B and D.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 8, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.009. Retroactive Child Support

Sec. 154.009.  RETROACTIVE CHILD SUPPORT.  (a)  The court may order a parent to pay retroactive child support if the parent:
(1)  has not previously been ordered to pay support for the child;  and
(2)  was not a party to a suit in which support was ordered.
(b)  In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter.
(c)  Unless the Title IV-D agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between the parties does not reduce or terminate retroactive support that the agency may request.
(d)  Notwithstanding Subsection (a), the court may order a parent subject to a previous child support order to pay retroactive child support if:
(1)  the previous child support order terminated as a result of the marriage or remarriage of the child's parents;
(2)  the child's parents separated after the marriage or remarriage;  and
(3)  a new child support order is sought after the date of the separation.
(e)  In rendering an order under Subsection (d), the court may order retroactive child support back to the date of the separation of the child's parents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.010. No Discrimination Based on Marital Status of Parents or Sex

Sec. 154.010.  NO DISCRIMINATION BASED ON MARITAL STATUS OF PARENTS OR SEX.  The amount of support ordered for the benefit of a child shall be determined without regard to:
(1)  the sex of the obligor, obligee, or child;  or
(2)  the marital status of the parents of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.