(d) The parenting facilitator may not modify any order, judgment, or decree. Sec. (D) 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service. 1113 (H.B. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. September 1, 2009. (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. 8, eff. 153.501. Acts 2009, 81st Leg., R.S., Ch. 1036, Sec. September 1, 2015. (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. 153.434. Added by Acts 1995, 74th Leg., ch. Docket No. Acts 2007, 80th Leg., R.S., Ch. 153.705. (2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that: (A) the periods of access be continuously supervised by an entity or person chosen by the court; (B) the exchange of possession of the child occur in a protective setting; (C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or. Amended by Acts 1995, 74th Leg., ch. 9, Sec. 1237), Sec. 484 (H.B. 1216), Sec. (a) On a motion by the conservator who has been ordered to military deployment, military mobilization, or temporary military duty, the court shall, for good cause shown, hold an expedited hearing if the court finds that the conservator's military duties have a material effect on the conservator's ability to appear in person at a regularly scheduled hearing. Sept. 1, 1997. 20, eff. 9, eff. 1167 (S.B. (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. TEMPORARY ORDERS. Sec. Acts 2009, 81st Leg., R.S., Ch. (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, (A) are printed in the court's order in boldfaced, capitalized type; and. Sec. DUTY TO PROVIDE INFORMATION. (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. (a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: (1) on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and. (d) The actions of a parenting coordinator or parenting facilitator under this section do not constitute the practice of law. 32, eff. 1, eff. 2, eff. 277 (H.B. Sec. SUBCHAPTER B. (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. 1, eff. (c-1) The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than: (1) the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1); (2) the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or. 733 (H.B. 1, eff. 733 (H.B. 10, eff. (2) whether the parent lacks strong ties to the United States, regardless of whether the parent is a citizen or permanent resident of the United States. September 1, 2013. Sec. RIGHTS AND DUTIES OF NONPARENT POSSESSORY CONSERVATOR. 751, Sec. (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. 358 (H.B. 153.132. 36, eff. 1 (S.B. (a) The court shall order that each conservator of a child has a duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child. 153.256. 153.606. Sec. (d) On request, records of parenting facilitation shall be made available by the parenting facilitator to an attorney for a party, an attorney for a child who is the subject of the suit, and a party who does not have an attorney. The Texas Family Code presumes the SPO is the minimum amount of parenting time (possession) unless evidence is presented to the court showing why it is not in the child's best interest, such as: little or no prior contact with the child. 20, Sec. (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. 153.6071. 936, Sec. September 1, 2007. 1397, Sec. 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. Added by Acts 1995, 74th Leg., ch. Sec. Acts 2009, 81st Leg., R.S., Ch. 153.011. 1, eff. 4, eff. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. 25, eff. Acts 2007, 80th Leg., R.S., Ch. (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. 1. (b) A nonparent appointed as a designated person in a temporary order rendered under this section has the rights and duties of a nonparent appointed as sole managing conservator under Section 153.371. 495), Sec. 6, eff. 20, Sec. Acts 2015, 84th Leg., R.S., Ch. 1012), Sec. September 1, 2009. Sept. 1, 1995. Added by Acts 1995, 74th Leg., ch. 16, eff. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2009. (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit. September 1, 2007. 20, Sec. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. 261), Sec. 153.704. REPORT OF JOINT PROPOSAL OR STATEMENT OF INTENT; AGREEMENTS AND RECOMMENDATIONS. 29, eff. Standard & Expanded Possession Order Calendar in Texas (2022) Updated: Jan 3, 2022 A standard possession order is defined by the Texas Family Code Section 153.252 and is intended to protect the best interest of the children. 1012), Sec. (2) the authority to exercise management and control of the suit. September 1, 2007. Added by Acts 2021, 87th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 5, eff. 05-9107, June 13, 2005). A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. Sept. 1, 2003. (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). 18, eff. 1113 (H.B. Sec. 2, eff. 34, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. A parenting facilitator shall submit a written report to the court and to the parties as ordered by the court. Sec. 2, eff. 153.00715. September 1, 2021. 10, eff. Sec. 1012), Sec. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 153.014. (4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the child by any specified individual. June 15, 2007. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. 555), Sec. 1390, Sec. Added by Acts 1995, 74th Leg., ch. Sec. 916 (H.B. 555), Sec. 153.138. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. A record of the interview shall be part of the record in the case. 612, Sec. 13, eff. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. GENERAL TERMS AND CONDITIONS. 1193, Sec. 1036, Sec. COMMUNICATIONS AND RECORDKEEPING OF PARENTING FACILITATOR. (3) if appointing the conservator described by Subdivision (1) or the person chosen under Subdivision (2) is not in the child's best interest, another person chosen by the court. 1228), Sec. 153.6061. 153.6081. Sec. Acts 2019, 86th Leg., R.S., Ch. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). 1012), Sec. September 1, 2007. (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: (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. 149), Sec. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. ADDITIONAL PERIODS OF POSSESSION OR 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: (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. September 1, 2007. (e) If a mediated settlement agreement meets the requirements of Subsection (d), a party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule of law. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. 153.010. Acts 2015, 84th Leg., R.S., Ch. (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. In summary: If the possessory conservator ("PC") lives 50 miles or less from the child's primary residence, the Alternative Beginning and Ending Times (Expanded Standard Possession Order "ESPO") will apply, unless the PC opts out of one or more of the alternative beginning and ending times specified in 153.317 (a), Family Code. ORDER FOR FAMILY COUNSELING. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. (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, (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. ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES. (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: (2) the duty to provide the child with clothing, food, and shelter; and. September 1, 2009. 153.602. (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. Sec. (4) "Temporary military duty" means the transfer of a service member of the armed forces of this state or the United States from one military base to a different location, usually another base, for a limited time for training or to assist in the performance of a noncombat mission. 727 (S.B. 682 (H.B. (b) In addition to the qualifications prescribed by Subsection (a), a parenting coordinator must complete at least: (1) eight hours of family violence dynamics training provided by a family violence service provider; (2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; and. (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. 28, eff. 153.314. 1449), Sec. (2) through an oral statement made in open court on the record. 153.131. 153.193. 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. 153.258. 153.605. 1, eff. Added by Acts 1995, 74th Leg., ch. The term does not include National Guard or Reserve annual training. 1012), Sec. Sec. 1012), Sec. (3) "Military mobilization" means the call-up of a National Guard or Reserve service member of the armed forces of this state or the United States to extended active duty status. September 1, 2011. 781, Sec. April 2, 2015. 1113 (H.B. Added by Acts 1995, 74th Leg., ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2009. September 1, 2013. family violence concerns. Acts 2017, 85th Leg., R.S., Ch. A history of sexual abuse includes a sexual assault that results in the other parent becoming pregnant with the child, regardless of the prior relationship of the parents. 153.072. September 1, 2009. 1113 (H.B. 1936), Sec. 153.6091. 1181 (H.B. 896 (H.B. 153.071. Added by Acts 1995, 74th Leg., ch. 12(1), eff. POLICY AND GENERAL APPLICATION OF GUIDELINES. 682 (H.B. (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. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Acts 2015, 84th Leg., R.S., Ch. 20, Sec. Acts 2005, 79th Leg., Ch. AGREED PARENTING PLAN. (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. (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. Added by Acts 1995, 74th Leg., ch. A recommendation authorized by this subsection does not affect the terms of an existing court order. Sec. (6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this standard possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place. (4) whether the foreign country to which the parent has ties: (A) presents obstacles to the recovery and return of a child who is abducted to the country from the United States; (B) has any legal mechanisms for immediately and effectively enforcing an order regarding the possession of or access to the child issued by this state; (C) has local laws or practices that would: (i) enable the parent to prevent the child's other parent from contacting the child without due cause; (ii) restrict the child's other parent from freely traveling to or exiting from the country because of that parent's gender, nationality, or religion; or. 153.012. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. (e) A parenting facilitator shall keep parenting facilitation records from the suit until the seventh anniversary of the date the facilitator's services are terminated, unless a different retention period is established by a rule adopted by the licensing authority that issues the professional license held by the parenting facilitator. 178, Sec. for Mother's Day periods of possession under Section 153.314 (Holiday Possession Unaffected by Distance Parents Reside Apart) (6): (A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day; (B) ending at the time the child's school resumes after Mother's Day; or (C) Sec. 153.701. 751, Sec. (3) is the subject of a final protective order issued after the date of the order establishing conservatorship. FACTORS FOR COURT TO CONSIDER. (a) If a conservator is ordered to military deployment, military mobilization, or temporary military duty that involves moving a substantial distance from the conservator's residence so as to materially affect the conservator's ability to exercise the conservator's rights and duties in relation to a child, either conservator may file for an order under this subchapter without the necessity of showing a material and substantial change of circumstances other than the military deployment, military mobilization, or temporary military duty. (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. 8, eff. (C) prohibit the parent from applying on behalf of the child for a new or replacement passport or international travel visa; (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. (D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure, or, if such a program is not available, complete a course of treatment under Section 153.010. Acts 2017, 85th Leg., R.S., Ch. (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. (c) The parenting coordinator may not modify any order, judgment, or decree. (d) The court may not consider the availability of electronic communication as a factor in determining child support. 12(1), eff. 2, eff. (c) If the court makes a finding under Subsection (a), the court shall impose a civil penalty not to exceed $500. 1012), Sec. 1181 (H.B. A failure to comply with the guidelines is grounds for removal of the parenting coordinator. 153.709. Child Support in Texas Families and Parenting Parenting Time Overview Parenting Time Schedule 50 Miles Apart or Less 50 Miles Apart or Less When parents live 50 miles apart or less, the noncustodial parent is provided with options when completing a standard possession order as outlined below. (c) The court shall remove the parenting facilitator: (2) on the request of the parenting facilitator; (4) if the parenting facilitator ceases to satisfy the minimum qualifications required by Section 153.6101. (2) decline appointment in the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's appointment as parenting facilitator. The Court ORDERS that in this Standard Possession Order the conservators are designated as Parent A and Parent B. 553), Sec. 1, eff. 1, eff. 20, Sec. (a-1) Except as otherwise provided by this section, the court may remove the parenting coordinator in the court's discretion. (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; (D) does not have actual or court-ordered possession of or access to the child. 4, eff. 20, Sec. 153.702. September 1, 2009. 153.003. April 20, 1995. 802, Sec. Acts 2009, 81st Leg., R.S., Ch. June 18, 2005. 153.192. ABDUCTION RISK FACTORS. Designation of Conservators (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. 1, eff. The Court ORDERS that in this Possession Order the conservators are called Parent A and . (3) the terms and conditions of conservatorship and possession of and access to the child. September 1, 2007. Sept. 1, 2003. (d) The actions of a parenting coordinator who is not an attorney do not constitute the practice of law. The Court ORDERS that this Modified Possession Order starts immediately and applies to all periods of possession occurring on and after the date the Court signs the Order to which the Modified Possession Order is attached. (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. Sec. PUBLIC POLICY. Alternative Beginning and Ending Possession Times Current as of April 14, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. 1181 (H.B. 13, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 907 (H.B. 153.312. 153.314 Texas Family Code - FAM 153.314. (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. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1113 (H.B. 153.076. Sec. Sept. 1, 1997. (a) Unless the court finds that an expanded standard possession order under Section 153.317, or an election under that order, is not . 555), Sec. Sec. 13, eff. (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. 2, eff. 6, eff. (c) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the child. Sept. 1, 1999. 270), Sec. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 1 (S.B. COMPENSATION OF PARENTING COORDINATOR. (2) withdraw from the suit unless, after the disclosure, the parties and the child's attorney, if any, agree in writing to the person's continuation as parenting facilitator. 1113 (H.B. Sec. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. (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. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1113 (H.B. Sec. September 1, 2007. April 20, 1995. The Court ORDERS that this standard possession (visitation) order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs the order to which this exhibit is . SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. CONSERVATORSHIP, POSSESSION, AND ACCESS. Added by Acts 2009, 81st Leg., R.S., Ch. (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. Amended by Acts 1999, 76th Leg., ch. 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. 1181 (H.B. 261), Sec. To try and preserve their relationship with their children, divorcing couples can either choose a Texas Standard/Expanded Standard Possession schedule or a 50/50 schedule. 9, eff. EXPEDITED HEARING. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. Sec. 12, eff. (c) In making the determination under Subsection (b)(2), the court: (A) the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1); (B) whether the court named a designated person under Section 153.705 to exercise limited possession of the child during the conservator's deployment; and, (C) any other factor the court considers appropriate; and. (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. (b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the child was entitled under the court order in effect immediately before the date the temporary order is rendered. 1012), Sec. 12, eff. APPOINTMENT OF SOLE OR JOINT MANAGING CONSERVATOR. (a) To determine whether there is a risk of the international abduction of a child by a parent of the child, the court shall consider evidence that the parent: (1) has taken, enticed away, kept, withheld, or concealed a child in violation of another person's right of possession of or access to the child, unless the parent presents evidence that the parent believed in good faith that the parent's conduct was necessary to avoid imminent harm to the child or the parent; (2) has previously threatened to take, entice away, keep, withhold, or conceal a child in violation of another person's right of possession of or access to the child; (3) lacks financial reason to stay in the United States, including evidence that the parent is financially independent, is able to work outside of the United States, or is unemployed; (4) has recently engaged in planning activities that could facilitate the removal of the child from the United States by the parent, including: (G) applying for a passport or visa or obtaining other travel documents for the parent or the child; or.
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