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 E. Guidelines for the Possession of a Child by a Parent Named as Possessory Conservator › Section 153.254. Child Less Than Three Years of Age

Sec. 153.254.  CHILD LESS THAN THREE YEARS OF AGE.  (a)  The court shall render an order appropriate under the circumstances for possession of a child less than three years of age.  In rendering the order, the court shall consider evidence of all relevant factors, including:
(1)  the caregiving provided to the child before and during the current suit;
(2)  the effect on the child that may result from separation from either party;
(3)  the availability of the parties as caregivers and the willingness of the parties to personally care for the child;
(4)  the physical, medical, behavioral, and developmental needs of the child;
(5)  the physical, medical, emotional, economic, and social conditions of the parties;
(6)  the impact and influence of individuals, other than the parties, who will be present during periods of possession;
(7)  the presence of siblings during periods of possession;
(8)  the child's need to develop healthy attachments to both parents;
(9)  the child's need for continuity of routine;
(10)  the location and proximity of the residences of the parties;
(11)  the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on:
(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.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(1), eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(1), eff. September 1, 2017.
(d)  The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 86 (S.B. 820), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(1), eff. September 1, 2017.
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 E. Guidelines for the Possession of a Child by a Parent Named as Possessory Conservator › Section 153.255. Agreement

Sec. 153.255.  AGREEMENT.  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.
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 153 - Conservatorship, Possession, and Access › Subchapter E. Guidelines for the Possession of a Child by a Parent Named as Possessory Conservator › Section 153.256. Factors for Court to Consider

Sec. 153.256.  FACTORS FOR COURT TO CONSIDER.  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:
(1)  the age, developmental status, circumstances, needs, and best interest of the child;
(2)  the circumstances of the managing conservator and of the parent named as a possessory conservator;  and
(3)  any other relevant factor.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 35, eff. Sept. 1, 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 153 - Conservatorship, Possession, and Access › Subchapter E. Guidelines for the Possession of a Child by a Parent Named as Possessory Conservator › Section 153.257. Means of Travel

Sec. 153.257.  MEANS OF TRAVEL.  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.
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 153 - Conservatorship, Possession, and Access › Subchapter E. Guidelines for the Possession of a Child by a Parent Named as Possessory Conservator › Section 153.258. Request for Findings When Order Varies From Standard Order

Sec. 153.258.  REQUEST FOR FINDINGS WHEN ORDER VARIES FROM STANDARD ORDER.  (a)  In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the standard order.
(b)  A request for findings of fact under this section must conform to the Texas Rules of Civil Procedure.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 9, eff. September 1, 2017.
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 F. Standard Possession Order › Section 153.3101. Reference to "School" in Standard Possession Order

Sec. 153.3101.  REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER.  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 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1167 (S.B. 821), Sec. 3, eff. September 1, 2015.
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 F. Standard Possession Order › Section 153.311. Mutual Agreement or Specified Terms for Possession

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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 5, 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 F. Standard Possession Order › Section 153.315. Weekend Possession Extended by Holiday

Sec. 153.315.  WEEKEND POSSESSION EXTENDED BY HOLIDAY.  (a)  If a weekend period of possession of the possessory conservator coincides with a student 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 Monday.
(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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 9, 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 F. Standard Possession Order › Section 153.3171. Beginning and Ending Possession Times for Parents Who Reside 50 Miles or Less Apart

Sec. 153.3171.  BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART.
Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 967 (S.B. 1936), Sec. 1
(a)  Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9).
Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 896 (H.B. 3203), Sec. 2
(a)  Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), and (8).
(b)  Subsection (a) does not apply if:
(1)  the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record;
(2)  the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or
(3)  the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including:
(A)  because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside;
(B)  because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or
(C)  for any other reason the court considers relevant.
(c)  On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 896 (H.B. 3203), Sec. 2, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 967 (S.B. 1936), Sec. 1, 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 153 - Conservatorship, Possession, and Access › Subchapter G. Appointment of Nonparent as Conservator › Section 153.371. Rights and Duties of Nonparent Appointed as Sole Managing Conservator

Sec. 153.371.  RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR.  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:
(1)  the right to have physical possession and to direct the moral and religious training of the child;
(2)  the duty of care, control, protection, and reasonable discipline of the child;
(3)  the duty to provide the child with clothing, food, shelter, education, and medical, psychological, and dental care;
(4)  the right to consent for the child to medical, psychiatric, psychological, dental, and surgical treatment and to have access to the child's medical records;
(5)  the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(6)  the right to the services and earnings of the child;
(7)  the right to consent to marriage and to enlistment in the armed forces of the United States;
(8)  the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(9)  except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;
(10)  the right to designate the primary residence of the child and to make decisions regarding the child's education;
(11)  if the parent-child relationship has been terminated with respect to the parents, or only living parent, or if there is no living parent, the right to consent to the adoption of the child and to make any other decision concerning the child that a parent could make; and
(12)  the right to:
(A)  apply for a passport for the child;
(B)  renew the child's passport; and
(C)  maintain possession of the child's passport.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 34, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 949, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1036, Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.044, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 733 (H.B. 555), Sec. 2, eff. September 1, 2019.
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 G. Appointment of Nonparent as Conservator › Section 153.372. Nonparent Appointed as Joint Managing Conservator

Sec. 153.372.  NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR.  (a)  A nonparent, the Department of Family and Protective Services, or a licensed child-placing agency appointed as a joint managing conservator may serve in that capacity with either another nonparent or with a parent of the child.
(b)  The procedural and substantive standards regarding an agreed or court-ordered joint managing conservatorship provided by Subchapter C  apply to a nonparent joint managing conservator.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.045, eff. April 2, 2015.
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 G. Appointment of Nonparent as Conservator › Section 153.3721. Access to Certain Records by Nonparent Joint Managing Conservator

Sec. 153.3721.  ACCESS TO CERTAIN RECORDS BY NONPARENT JOINT MANAGING CONSERVATOR.  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 1999, 76th Leg., ch. 949, Sec. 2, eff. Sept. 1, 1999.
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 G. Appointment of Nonparent as Conservator › Section 153.373. Voluntary Surrender of Possession Rebuts Parental Presumption

Sec. 153.373.  VOLUNTARY SURRENDER OF POSSESSION REBUTS PARENTAL PRESUMPTION.  The presumption that a parent should be appointed or retained as managing conservator of the child is rebutted if the court finds that:
(1)  the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent, a licensed child-placing agency, or the Department of Family and Protective Services for a period of one year or more, a portion of which was within 90 days preceding the date of intervention in or filing of the suit; and
(2)  the appointment of the nonparent, agency, or Department of Family and Protective Services as managing conservator is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.046, eff. April 2, 2015.
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 G. Appointment of Nonparent as Conservator › Section 153.374. Designation of Managing Conservator in Affidavit of Relinquishment

Sec. 153.374.  DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT.  (a)  A parent may designate a competent person, the Department of Family and Protective Services, or a licensed child-placing agency to serve as managing conservator of the child in an unrevoked or irrevocable affidavit of relinquishment of parental rights executed as provided by Chapter 161.
(b)  The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 38, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.047, eff. April 2, 2015.
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 G. Appointment of Nonparent as Conservator › Section 153.375. Annual Report by Nonparent Managing Conservator

Sec. 153.375.  ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR.  (a)  A nonparent appointed as a managing conservator of a child shall each 12 months after the appointment file with the court a report of facts concerning the child's welfare, including the child's whereabouts and physical condition.
(b)  The report may not be admitted in evidence in a subsequent suit.
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 153 - Conservatorship, Possession, and Access › Subchapter G. Appointment of Nonparent as Conservator › Section 153.376. Rights and Duties of Nonparent Possessory Conservator

Sec. 153.376.  RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR.  (a)  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 possessory conservator has the following rights and duties during the period of possession:
(1)  the duty of care, control, protection, and reasonable discipline of the child;
(2)  the duty to provide the child with clothing, food, and shelter; and
(3)  the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.
(b)  A nonparent possessory conservator has any other right or duty specified in the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.048, eff. April 2, 2015.
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 G. Appointment of Nonparent as Conservator › Section 153.377. Access to Child's Records

Sec. 153.377.  ACCESS TO CHILD'S RECORDS.  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.
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 153 - Conservatorship, Possession, and Access › Subchapter H. Rights of Grandparent, Aunt, or Uncle › Section 153.431. Appointment of Grandparent, Aunt, or Uncle as Managing Conservator

Sec. 153.431.  APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR.  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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 484 (H.B. 261), Sec. 2, eff. September 1, 2005.
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 H. Rights of Grandparent, Aunt, or Uncle › Section 153.432. Suit for Possession or Access by Grandparent

Sec. 153.432.  SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT.  (a)  A biological or adoptive grandparent may request possession of or access to a grandchild by filing:
(1)  an original suit; or
(2)  a suit for modification as provided by Chapter 156.
(b)  A grandparent may request possession of or access to a grandchild 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)  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 that the facts stated in the affidavit, if true, would be sufficient to support the relief authorized under Section 153.433.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 484 (H.B. 261), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 11, 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 H. Rights of Grandparent, Aunt, or Uncle › Section 153.433. Possession of or Access to Grandchild

Sec. 153.433.  POSSESSION OF OR ACCESS TO GRANDCHILD.  (a)  The court may 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 that:
(1)  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 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 by proving by a preponderance of the evidence that the 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.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 1397, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 484 (H.B. 261), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 12, 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 H. Rights of Grandparent, Aunt, or Uncle › Section 153.434. Limitation on Right to Request Possession or Access

Sec. 153.434.  LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS.  A biological or adoptive grandparent may not request possession of or access to a grandchild if:
(1)  each of the biological parents of the grandchild has:
(A)  died;
(B)  had the person's parental rights terminated; or
(C)  executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and
(2)  the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 561, Sec. 4, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1390, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.049, eff. April 2, 2015.
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 I. Prevention of International Parental Child Abduction › Section 153.501. Necessity of Measures to Prevent International Parental Child Abduction

Sec. 153.501.  NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL CHILD ABDUCTION.  (a)  In a suit, if credible evidence is presented to the court indicating a potential risk of the international abduction of a child by a parent of the child, the court, on its own motion or at the request of a party to the suit, shall determine under this section whether it is necessary for the court to take one or more of the measures described by Section 153.503 to protect the child from the risk of abduction by the parent.
(b)  In determining whether to take any of the measures described by Section 153.503, the court shall consider:
(1)  the public policies of this state described by Section 153.001(a) and the consideration of the best interest of the child under Section 153.002;
(2)  the risk of international abduction of the child by a parent of the child based on the court's evaluation of the risk factors described by Section 153.502;
(3)  any obstacles to locating, recovering, and returning the child if the child is abducted to a foreign country;  and
(4)  the potential physical or psychological harm to the child if the child is abducted to a foreign country.
Added by Acts 2003, 78th Leg., ch. 612, Sec. 1, eff. June 20, 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 153 - Conservatorship, Possession, and Access › Subchapter I. Prevention of International Parental Child Abduction › Section 153.503. Abduction Prevention Measures

Sec. 153.503.  ABDUCTION PREVENTION MEASURES.  If the court finds that it is necessary under Section 153.501 to take measures to protect a child from international abduction by a parent of the child, the court may take any of the following actions:
(1)  appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing conservator of the child;
(2)  require supervised visitation of the parent by a visitation center or independent organization until the court finds under Section 153.501 that supervised visitation is no longer necessary;
(3)  enjoin the parent or any person acting on the parent's behalf from:
(A)  disrupting or removing the child from the school or child-care facility in which the child is enrolled;  or
(B)  approaching the child at any location other than a site designated for supervised visitation;
(4)  order passport and travel controls, including controls that:
(A)  prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States;
(B)  require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child;  and
(C)  prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa;
(5)  require the parent to provide:
(A)  to the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy:
(i)  written notice of the court-ordered passport and travel restrictions for the child;  and
(ii)  a properly authenticated copy of the court order detailing the restrictions and documentation of the parent's agreement to the restrictions;  and
(B)  to the court proof of receipt of the written notice required by Paragraph (A)(i) by the United States Department of State's Office of Children's Issues and the relevant foreign consulate or embassy;
(6)  order the parent to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by the parent to a foreign country;
(7)  authorize the appropriate law enforcement agencies to take measures to prevent the abduction of the child by the parent;  or
(8)  include in the court's order provisions:
(A)  identifying the United States as the country of habitual residence of the child;
(B)  defining the basis for the court's exercise of jurisdiction;  and
(C)  stating that a party's violation of the order may subject the party to a civil penalty or criminal penalty or to both civil and criminal penalties.
Added by Acts 2003, 78th Leg., ch. 612, Sec. 1, eff. June 20, 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 153 - Conservatorship, Possession, and Access › Subchapter J. Rights of Siblings › Section 153.551. Suit for Access

Sec. 153.551.  SUIT FOR ACCESS.  (a)  The sibling of a child who is separated from the child because of an action taken by the Department of Family and Protective Services may request access to the child by filing:
(1)  an original suit; or
(2)  a suit for modification as provided by Chapter 156.
(b)  A sibling described by Subsection (a) 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.
Added by Acts 2005, 79th Leg., Ch. 1191 (H.B. 270), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 14, 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 153.601. Definitions

Sec. 153.601.  DEFINITIONS.  In this subchapter:
(1)  "Dispute resolution process" means:
(A)  a process of alternative dispute resolution conducted in accordance with Section 153.0071 of this chapter and Chapter 154, Civil Practice and Remedies Code; or
(B)  any other method of voluntary dispute resolution.
(2)  "High-conflict case" means a suit affecting the parent-child relationship in which the court finds that the parties have demonstrated an unusual degree of:
(A)  repetitiously resorting to the adjudicative process;
(B)  anger and distrust; and
(C)  difficulty in communicating about and cooperating in the care of their children.
(3)  "Parenting coordinator" means an impartial third party:
(A)  who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.606 in a suit; and
(B)  who:
(i)  is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures; and
(ii)  is not appointed under another statute or a rule of civil procedure.
(3-a)  "Parenting facilitator" means an impartial third party:
(A)  who, regardless of the title by which the person is designated by the court, performs any function described by Section 153.6061 in a suit; and
(B)  who:
(i)  is appointed under this subchapter by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and
(ii)  is not appointed under another statute or a rule of civil procedure.
(4)  "Parenting plan" means the provisions of a final court order that:
(A)  set out rights and duties of a parent or a person acting as a parent in relation to the child;
(B)  provide for periods of possession of and access to the child, which may be the terms set out in the standard possession order under Subchapter F and any amendments to the standard possession order agreed to by the parties or found by the court to be in the best interest of the child;
(C)  provide for child support; and
(D)  optimize the development of a close and continuing relationship between each parent and the child.
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. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 16, 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 153.602. Parenting Plan Not Required in Temporary Order

Sec. 153.602.  PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER.  A temporary order in a suit affecting the parent-child relationship rendered in accordance with Section 105.001 is not required to include a temporary parenting plan.  The court may not require the submission of a temporary parenting plan in any case or by local rule or practice.
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. 4, 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 153.603. Requirement of Parenting Plan in Final Order

Sec. 153.603.  REQUIREMENT OF PARENTING PLAN IN FINAL ORDER.  (a)  Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan.
(b)  The following orders are not required to include a parenting plan:
(1)  an order that only modifies child support;
(2)  an order that only terminates parental rights; or
(3)  a final order described by Section 155.001(b).
(c)   If the parties have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial on the merits, a party may file with the court and serve a proposed parenting plan.
(d)  This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts.
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. 4, 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 153.6031. Exception to Dispute Resolution Process Requirement

Sec. 153.6031.  EXCEPTION TO DISPUTE RESOLUTION PROCESS REQUIREMENT.  A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action:
(1)  to modify the parenting plan in an emergency;
(2)  to modify child support;
(3)  alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development;
(4)  to enforce; or
(5)  in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071.
Added by Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 4, 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 153.605. Appointment of Parenting Coordinator

Sec. 153.605.  APPOINTMENT OF PARENTING COORDINATOR.  (a)  In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting coordinator or assign a domestic relations office under Chapter 203 to appoint an employee or other person to serve as parenting coordinator.
(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 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, unless those requirements have been waived by the court with the agreement of the parties in accordance with Section 153.610(c).
(c)  Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting coordinator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit.  After an objection is filed, a parenting coordinator may not be appointed 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 a parenting coordinator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection.  The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting coordination.
(d)  An individual appointed as a parenting coordinator may not serve in any nonconfidential capacity in the same case, including serving as an amicus attorney, guardian ad litem, child custody evaluator, or adoption evaluator under Chapter 107, as a friend of the court under Chapter 202, or as a parenting facilitator under this subchapter.
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. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 17, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.01, eff. September 1, 2015.
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 153.6051. Appointment of Parenting Facilitator

Sec. 153.6051.  APPOINTMENT OF PARENTING FACILITATOR.  (a)  In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator.
(b)  The court may not appoint a parenting facilitator unless, after notice and hearing, the court makes a specific finding that:
(1)  the case is a high-conflict case or there is good cause shown for the appointment of a parenting facilitator 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 153.6101, as documented by the person.
(c)  Notwithstanding any other provision of this subchapter, a party may at any time file a written objection to the appointment of a parenting facilitator on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit.  After an objection is filed, a parenting facilitator may not be appointed 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 a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection.  The order may provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during the parenting facilitation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 18, eff. September 1, 2009.