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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.310. Hearing and Order

Sec. 152.310.  HEARING AND ORDER.  (a)  Unless the court issues a temporary emergency order pursuant to Section 152.204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1)  the child custody determination has not been registered and confirmed under Section 152.305 and that:
(A)  the issuing court did not have jurisdiction under Subchapter C;
(B)  the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subchapter C;  or
(C)  the respondent was entitled to notice, but notice was not given in accordance with the standards of Section 152.108, in the proceedings before the court that issued the order for which enforcement is sought;  or
(2)  the child custody determination for which enforcement is sought was registered and confirmed under Section 152.305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Subchapter C.
(b)  The court shall award the fees, costs, and expenses authorized under Section 152.312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c)  If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d)  A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, 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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.312. Costs, Fees, and Expenses

Sec. 152.312.  COSTS, FEES, AND EXPENSES.  (a)  The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b)  The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, 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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.313. Recognition and Enforcement

Sec. 152.313.  RECOGNITION AND ENFORCEMENT.  A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Subchapter C.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, 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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.314. Accelerated Appeals

Sec. 152.314.  ACCELERATED APPEALS.  An appeal may be taken from a final order in a proceeding under this subchapter in accordance with accelerated appellate procedures in other civil cases.  Unless the court enters a temporary emergency order under Section 152.204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 8, 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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.315. Role of Prosecutor or Public Official

Sec. 152.315.  ROLE OF PROSECUTOR OR PUBLIC OFFICIAL.  (a)  In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resorting to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1)  an existing child custody determination;
(2)  a request to do so from a court in a pending child custody proceeding;
(3)  a reasonable belief that a criminal statute has been violated;  or
(4)  a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b)  A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, 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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.316. Role of Law Enforcement

Sec. 152.316.  ROLE OF LAW ENFORCEMENT.  At the request of a prosecutor or other appropriate public official acting under Section 152.315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under Section 152.315.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, 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 152 - Uniform Child Custody Jurisdiction and Enforcement Act › Subchapter D. Enforcement › Section 152.317. Costs and Expenses

Sec. 152.317.  COSTS AND EXPENSES.  If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under Section 152.315 or 152.316.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, 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 A. General Provisions › Section 153.001. Public Policy

Sec. 153.001.  PUBLIC POLICY.  (a)  The public policy of this state is to:
(1)  assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;
(2)  provide a safe, stable, and nonviolent environment for the child;  and
(3)  encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.
(b)  A court may not render an order that conditions the right of a conservator to possession of or access to a child on the payment of child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 25, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 787, 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 A. General Provisions › Section 153.002. Best Interest of Child

Sec. 153.002.  BEST INTEREST OF CHILD.  The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.
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 A. General Provisions › Section 153.003. No Discrimination Based on Sex or Marital Status

Sec. 153.003.  NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS.  The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining:
(1)  which party to appoint as sole managing conservator;
(2)  whether to appoint a party as joint managing conservator;  and
(3)  the terms and conditions of conservatorship and possession of and access to the child.
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 A. General Provisions › Section 153.005. Appointment of Sole or Joint Managing Conservator

Sec. 153.005.  APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR.  (a)  In a suit, except as provided by Section 153.004, the court:
(1)  may appoint a sole managing conservator or may appoint joint managing conservators; and
(2)  if the parents are or will be separated, shall appoint at least one managing conservator.
(b)  A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency.
(c)  In making an appointment authorized by this section, the court shall consider whether, preceding the filing of the suit or during the pendency of the suit:
(1)  a party engaged in a history or pattern of family violence, as defined by Section 71.004;
(2)  a party engaged in a history or pattern of child abuse or child neglect; or
(3)  a final protective order was rendered against a party.
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. 1.043, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 117 (S.B. 817), 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 A. General Provisions › Section 153.006. Appointment of Possessory Conservator

Sec. 153.006.  APPOINTMENT OF POSSESSORY CONSERVATOR.  (a)  If a managing conservator is appointed, the court may appoint one or more possessory conservators.
(b)  The court shall specify the rights and duties of a person appointed possessory conservator.
(c)  The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child.
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 A. General Provisions › Section 153.007. Agreed Parenting Plan

Sec. 153.007.  AGREED PARENTING PLAN.  (a)  To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from the standard possession order.
(b)  If the court finds that the agreed parenting plan is in the child's best interest, the court shall render an order in accordance with the parenting plan.
(c)  Terms of the agreed parenting plan contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.
(d)  If the court finds the agreed parenting plan is not in the child's best interest, the court may request the parties to submit a revised parenting plan.  If the parties do not submit a revised parenting plan satisfactory to the court, the court may, after notice and hearing, order a parenting plan that the court finds to be in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 26, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 1, 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 A. General Provisions › Section 153.00715. Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate

Sec. 153.00715.  DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE.  (a)  If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration.
(b)  A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law.
(c)  This section does not apply to:
(1)  a court order;
(2)  an agreed parenting plan described by Section 153.007;
(3)  a mediated settlement agreement described by Section 153.0071;
(4)  a collaborative law agreement described by Section 153.0072; or
(5)  any other agreement between the parties that is approved by a court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1088 (S.B. 1216), 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 A. General Provisions › Section 153.009. Interview of Child in Chambers

Sec. 153.009.  INTERVIEW OF CHILD IN CHAMBERS.  (a)  In a nonjury trial or at a hearing, on the application of a party, the  amicus attorney, or the attorney ad litem for the child, the court shall interview in chambers a child 12 years of age or older and may interview in chambers a child under 12 years of age to determine the child's wishes as to conservatorship or as to the person who shall have the exclusive right to determine the child's primary residence.  The court may also interview a child in chambers on the court's own motion for a purpose specified by this subsection.
(b)  In a nonjury trial or at a hearing, on the application of a party, the amicus attorney, or the attorney ad litem for the child or on the court's own motion, the court may interview the child in chambers to determine the child's wishes as to possession,  access, or any other issue in the suit affecting the parent-child relationship.
(c)  Interviewing a child does not diminish the discretion of the court in determining the best interests of the child.
(d)  In a jury trial, the court may not interview the child in chambers regarding an issue on which a party is entitled to a jury verdict.
(e)  In any trial or hearing, the court may permit the attorney for a party, the amicus attorney, the guardian ad litem for the child, or the attorney ad litem for the child to be present at the interview.
(f)  On the motion of a party, the amicus attorney, or the attorney ad litem for the child, or on the court's own motion, the court shall cause a record of the interview to be made when the child is 12 years of age or older.  A record of the interview shall be part of the record in the case.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 781, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1289, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 9, eff. June 18, 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 A. General Provisions › Section 153.010. Order for Family Counseling

Sec. 153.010.  ORDER FOR FAMILY COUNSELING.  (a)  If the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to:
(1)  participate in counseling with a mental health professional who:
(A)  has a background in family therapy;
(B)  has a mental health license that requires as a minimum a master's degree;  and
(C)  has training in domestic violence if the court determines that the training is relevant to the type of counseling needed;  and
(2)  pay the cost of counseling.
(b)  If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 645, Sec. 1, 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 153 - Conservatorship, Possession, and Access › Subchapter A. General Provisions › Section 153.011. Security Bond

Sec. 153.011.  SECURITY BOND.  If the court finds that a person who has a possessory interest in a child may violate the court order relating to the interest, the court may order the party to execute a bond or deposit security.  The court shall set the amount and condition the bond or security on compliance with 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 A. General Provisions › Section 153.012. Right to Privacy; Deletion of Personal Information in Records

Sec. 153.012.  RIGHT TO PRIVACY;  DELETION OF PERSONAL INFORMATION IN RECORDS.  The court may order the custodian of records to delete all references in the records to the place of residence of either party appointed as a conservator of the child before the release of the records to another party appointed as a conservator.
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 A. General Provisions › Section 153.013. False Report of Child Abuse

Sec. 153.013.  FALSE REPORT OF CHILD ABUSE.  (a)  If a party to a pending suit affecting the parent-child relationship makes a report alleging child abuse by another party to the suit that the reporting party knows lacks a factual foundation, the court shall deem the report to be a knowingly false report.
(b)  Evidence of a false report of child abuse is admissible in a suit between the involved parties regarding the terms of conservatorship of a child.
(c)  If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 28, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 786, Sec. 2, 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 153 - Conservatorship, Possession, and Access › Subchapter A. General Provisions › Section 153.014. Visitation Centers and Visitation Exchange Facilities

Sec. 153.014.  VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES.  A county may establish a visitation center or a visitation exchange facility for the purpose of facilitating the terms of a court order providing for the possession of or access to a child.
Added by Acts 2001, 77th Leg., ch. 577, Sec. 1, eff. June 11, 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 153 - Conservatorship, Possession, and Access › Subchapter A. General Provisions › Section 153.015. Electronic Communication With Child by Conservator

Sec. 153.015.  ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR.  (a)  In this section, "electronic communication" means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media.  The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.
(b)  If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator's periods of possession of the child.  In determining whether to award electronic communication, the court shall consider:
(1)  whether electronic communication is in the best interest of the child;
(2)  whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and
(3)  any other factor the court considers appropriate.
(c)  If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court's order shall:
(1)  provide the other conservator with the e-mail address and other electronic communication access information of the child;
(2)  notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and
(3)  if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court's order.
(d)  The court may not consider the availability of electronic communication as a factor in determining child support.  The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate.
(e)  In a suit in which the court's order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if:
(1)  the award and terms of the award are mutually agreed to by the parties; and
(2)  the terms of the award:
(A)  are printed in the court's order in boldfaced, capitalized type; and
(B)  include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order.
Added by Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 7, 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 B. Parent Appointed as Conservator: in General › Section 153.071. Court to Specify Rights and Duties of Parent Appointed a Conservator

Sec. 153.071.  COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT APPOINTED A CONSERVATOR.  If both parents are appointed as conservators of the child, the court shall specify the rights and duties of a parent that are to be exercised:
(1)  by each parent independently;
(2)  by the joint agreement of the parents;  and
(3)  exclusively by one parent.
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 B. Parent Appointed as Conservator: in General › Section 153.072. Written Finding Required to Limit Parental Rights and Duties

Sec. 153.072.  WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES.  The court may limit the rights and duties of a parent appointed as a conservator if the court makes a written finding that the limitation is in the best interest of the child.
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 B. Parent Appointed as Conservator: in General › Section 153.073. Rights of Parent at All Times

Sec. 153.073.  RIGHTS OF PARENT AT ALL TIMES.  (a)  Unless limited by court order, a parent appointed as a conservator of a child has at all times the right:
(1)  to receive information from any other conservator of the child concerning the health, education, and welfare of the child;
(2)  to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;
(3)  of access to medical, dental, psychological, and educational records of the child;
(4)  to consult with a physician, dentist, or psychologist of the child;
(5)  to consult with school officials concerning the child's welfare and educational status, including school activities;
(6)  to attend school activities, including school lunches, performances, and field trips;
(7)  to be designated on the child's records as a person to be notified in case of an emergency;
(8)  to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and
(9)  to manage the estate of the child to the extent the estate has been created by the parent or the parent's family.
(b)  The court shall specify in the order the rights that a parent retains at all times.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 29, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1036, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1156 (H.B. 3145), Sec. 1, eff. June 14, 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 B. Parent Appointed as Conservator: in General › Section 153.074. Rights and Duties During Period of Possession

Sec. 153.074.  RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.  Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child:
(1)  the duty of care, control, protection, and reasonable discipline of the child;
(2)  the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
(3)  the right to consent for the child to medical and dental care not involving an invasive procedure;  and
(4)  the right to direct the moral and religious training 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. 30, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1036, Sec. 7, 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 153 - Conservatorship, Possession, and Access › Subchapter B. Parent Appointed as Conservator: in General › Section 153.075. Duties of Parent Not Appointed Conservator

Sec. 153.075.  DUTIES OF PARENT NOT APPOINTED CONSERVATOR.  The court may order a parent not appointed as a managing or a possessory conservator to perform other parental duties, including paying child support.
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 C. Parent Appointed as Sole or Joint Managing Conservator › Section 153.131. Presumption That Parent to Be Appointed Managing Conservator

Sec. 153.131.  PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR.  (a)  Subject to the prohibition in Section 153.004, unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child.
(b)  It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators is in the best interest of the child.  A finding of a history of family violence involving the parents of a child removes the presumption under this subsection.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 32, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1193, Sec. 20, 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 153 - Conservatorship, Possession, and Access › Subchapter C. Parent Appointed as Sole or Joint Managing Conservator › Section 153.132. Rights and Duties of Parent Appointed Sole Managing Conservator

Sec. 153.132.  RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR.  Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights:
(1)  the right to designate the primary residence of the child;
(2)  the right to consent to medical, dental, and surgical treatment involving invasive procedures;
(3)  the right to consent to psychiatric and psychological treatment;
(4)  the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;
(5)  the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(6)  the right to consent to marriage and to enlistment in the armed forces of the United States;
(7)  the right to make decisions concerning the child's education;
(8)  the right to the services and earnings of 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; and
(10)  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. 33, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1036, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 10, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 733 (H.B. 555), Sec. 1, 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 C. Parent Appointed as Sole or Joint Managing Conservator › Section 153.133. Parenting Plan for Joint Managing Conservatorship

Sec. 153.133.  PARENTING PLAN FOR JOINT MANAGING CONSERVATORSHIP.  (a)  If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan:
(1)  designates the conservator who has the exclusive right to designate the primary residence of the child and:
(A)  establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; or
(B)  specifies that the conservator may designate the child's primary residence without regard to geographic location;
(2)  specifies the rights and duties of each parent regarding the child's physical care, support, and education;
(3)  includes provisions to minimize disruption of the child's education, daily routine, and association with friends;
(4)  allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151;
(5)  is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and
(6)  is in the best interest of the child.
(b)  The agreed parenting plan may contain an alternative dispute resolution procedure that the parties agree to use before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency.
(c)  Notwithstanding Subsection (a)(1), the court shall render an order adopting the provisions of a written agreed parenting plan appointing the parents as joint managing conservators if the parenting plan:
(1)  meets all the requirements of Subsections (a)(2) through (6); and
(2)  provides that the child's primary residence shall be within a specified geographic area.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 936, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1036, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1181 (H.B. 555), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 3, 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 C. Parent Appointed as Sole or Joint Managing Conservator › Section 153.134. Court-Ordered Joint Conservatorship

Sec. 153.134.  COURT-ORDERED JOINT CONSERVATORSHIP.  (a)  If a written agreed parenting plan is not filed with the court, the court may render an order appointing the parents joint managing conservators only if the appointment is in the best interest of the child, considering the following factors:
(1)  whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators;
(2)  the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
(3)  whether each parent can encourage and accept a positive relationship between the child and the other parent;
(4)  whether both parents participated in child rearing before the filing of the suit;
(5)  the geographical proximity of the parents' residences;
(6)  if the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child; and
(7)  any other relevant factor.
(b)  In rendering an order appointing joint managing conservators, the court shall:
(1)  designate the conservator who has the exclusive right to determine the primary residence of the child and:
(A)  establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence;  or
(B)  specify that the conservator may determine the child's primary residence without regard to geographic location;
(2)  specify the rights and duties of each parent regarding the child's physical care, support, and education;
(3)  include provisions to minimize disruption of the child's education, daily routine, and association with friends;
(4)  allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151;  and
(5)  if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1999, 76th Leg., ch. 936, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1036, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 482 (H.B. 252), Sec. 5, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 11, eff. June 18, 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 C. Parent Appointed as Sole or Joint Managing Conservator › Section 153.135. Equal Possession Not Required

Sec. 153.135.  EQUAL POSSESSION NOT REQUIRED.  Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of and access to the child to each of the joint conservators.
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 C. Parent Appointed as Sole or Joint Managing Conservator › Section 153.138. Child Support Order Affecting Joint Conservators

Sec. 153.138.  CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS.  The appointment of joint managing conservators does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator.
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 D. Parent Appointed as Possessory Conservator › Section 153.191. Presumption That Parent to Be Appointed Possessory Conservator

Sec. 153.191.  PRESUMPTION THAT PARENT TO BE APPOINTED POSSESSORY CONSERVATOR.  The court shall appoint as a possessory conservator a parent who is not appointed as a sole or joint managing conservator unless it finds that the appointment is not in the best interest of the child and that parental possession or access would endanger the physical or emotional welfare of the child.
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 D. Parent Appointed as Possessory Conservator › Section 153.192. Rights and Duties of Parent Appointed Possessory Conservator

Sec. 153.192.  RIGHTS AND DUTIES OF PARENT APPOINTED POSSESSORY CONSERVATOR.  (a)  Unless limited by court order, a parent appointed as possessory conservator of a child has the rights and duties provided by Subchapter B  and any other right or duty expressly granted to the possessory conservator in the order.
(b)  In ordering the terms and conditions for possession of a child by a parent appointed possessory conservator, the court shall be guided by the guidelines in Subchapter E.
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 D. Parent Appointed as Possessory Conservator › Section 153.193. Minimal Restriction on Parent's Possession or Access

Sec. 153.193.  MINIMAL RESTRICTION ON PARENT'S POSSESSION OR ACCESS.  The terms of an order that denies possession of a child to a parent or imposes restrictions or limitations on a parent's right to possession of or access to a child may not exceed those that are required to protect the best interest of the child.
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 153.251. Policy and General Application of Guidelines

Sec. 153.251.  POLICY AND GENERAL APPLICATION OF GUIDELINES.  (a)  The guidelines established in the standard possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator or as the minimum possession for a joint managing conservator.
(b)  It is the policy of this state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parent and child.
(c)  It is preferable for all children in a family to be together during periods of possession.
(d)  The standard possession order is designed to apply to a child three years of age or older.
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 153.252. Rebuttable Presumption

Sec. 153.252.  REBUTTABLE PRESUMPTION.  In a suit, there is a rebuttable presumption that the standard possession order in Subchapter F:
(1)  provides reasonable minimum possession of a child for a parent named as a possessory conservator or joint managing conservator;  and
(2)  is in the best interest of the child.
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 153.253. Standard Possession Order Inappropriate or Unworkable

Sec. 153.253.  STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE.  The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard order unworkable or inappropriate.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.