1, eff. (2) if the parents are or will be separated, shall appoint at least one managing conservator. Sec. APPOINTMENT OF GRANDPARENT, AUNT, OR UNCLE AS MANAGING CONSERVATOR. April 20, 1995. What Is Extended Summer Possession in Texas? - Law Office of Brett H (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. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1113 (H.B. Texas Family Code Section 153.317 - Alternative Beginning and Ending 2, 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. 153.6083. (c) A person who participates in parenting facilitation is not a patient as defined by Section 611.001, Health and Safety Code, and no record created as part of the parenting facilitation that arises from the parenting facilitator's duties is confidential. (d) A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Acts 2007, 80th Leg., R.S., Ch. 1404), Sec. 11, eff. 252), Sec. 4, eff. (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. 20, Sec. September 1, 2017. 1237), Sec. 1, eff. 35, eff. 1113 (H.B. (B) the agreement would permit a person who is subject to registration under Chapter 62, Code of Criminal Procedure, on the basis of an offense committed by the person when the person was 17 years of age or older or who otherwise has a history or pattern of past or present physical or sexual abuse directed against any person to: (i) reside in the same household as the child; or, (ii) otherwise have unsupervised access to the child; and. (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. 153.6081. 421 (S.B. (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. (2) "Military deployment" means the temporary transfer of a service member of the armed forces of this state or the United States serving in an active-duty status to another location in support of combat or some other military operation. (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. 149), Sec. 21, eff. Operation of the Expanded Standard Possession Order Once a SPO has been ordered, the parties can automatically elect to receive an Expanded Standard Possession Order (ESPO), unless the judge believes this would not be in the best interest of the child. 1113 (H.B. ACCESS TO CHILD'S RECORDS. 153.073. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 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. This subsection does not apply to suits filed under Chapter 262. 1012), Sec. 1012), Sec. 9, Sec. (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. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 555), Sec. Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Enrolled 820), Sec. 1 (S.B. 153.006. 1, eff. 153.3115. REBUTTABLE PRESUMPTION. 33, eff. 153.3721. this Standard 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 Standard Possession Order is attached. 1012), Sec. 3, eff. 1113 (H.B. (a) If the parties have been ordered by the court to attempt to settle parenting issues with the assistance of a parenting coordinator or parenting facilitator and to attempt to reach a proposed joint resolution or statement of intent regarding the dispute, the parenting coordinator or parenting facilitator, as applicable, shall submit a written report describing the parties' joint proposal or statement to the parties, any attorneys for the parties, and any attorney for the child who is the subject of the suit. 153.003. June 20, 2003. 20, Sec. SUIT FOR ACCESS. 261), Sec. June 18, 2005. 555), Sec. (c) In appropriate circumstances, a court may, with the agreement of the parties, appoint a person as parenting coordinator who does not satisfy the requirements of Subsection (a) or Subsection (b)(2) or (3) if the court finds that the person has sufficient legal or other professional training or experience in dispute resolution processes to serve in that capacity. 7, eff. 14, eff. September 1, 2009. 1, eff. 967 (S.B. RIGHTS OF PARENT AT ALL TIMES. Sec. 1, eff. Acts 2005, 79th Leg., Ch. 261), Sec. The term does not include National Guard or Reserve annual training. (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. Sec. 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. SUIT FOR POSSESSION OR ACCESS BY GRANDPARENT. Sec. 252), Sec. Sept. 1, 1995. 7, eff. (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. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. (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. POLICY AND GENERAL APPLICATION OF GUIDELINES. 153.702. (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. 1036, Sec. 2, eff. Acts 2007, 80th Leg., R.S., Ch. September 1, 2009. 20, Sec. (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. Acts 2015, 84th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. (f) A parenting coordinator appointed under this subchapter shall comply with the Ethical Guidelines for Mediators as adopted by the Supreme Court of Texas (Misc. (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. These standard possession order options are provided to the noncustodial parent to choose from at the time the order is being completed unless the court finds a selection is not in the best interest of the child. (c) It is preferable for all children in a family to be together during periods of possession. (3) a final order described by Section 155.001(b). September 1, 2005. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING FACILITATOR. 1, eff. 1, eff. (2) the authority to exercise management and control of the suit. Sept. 1, 1997. (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. Acts 2011, 82nd Leg., R.S., Ch. Sec. 153.193. Amended by Acts 1997, 75th Leg., ch. Sec. September 1, 2009. 2, eff. 1289, Sec. 495), Sec. Texas Family Code - FAM 153.317. 751, Sec. (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. 20, Sec. September 1, 2007. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (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. 1, eff. Amended by Acts 1995, 74th Leg., ch. 219), Sec. 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. 484 (H.B. (a) Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator's military deployment, military mobilization, or temporary military duty, the conservator may petition the court to: (1) compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator's deployment; and. ANNUAL REPORT BY NONPARENT MANAGING CONSERVATOR. 421 (S.B. FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS - Texas 1. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1113 (H.B. 12, eff. Sec. September 1, 2009. (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. Amended by Acts 1999, 76th Leg., ch. September 1, 2009. 484 (H.B. Sec. Sept. 1, 2003. DESIGNATION OF MANAGING CONSERVATOR IN AFFIDAVIT OF RELINQUISHMENT. The parenting facilitator may be required to testify in any proceeding relating to or arising from the duties of the parenting facilitator, including as to the basis for any recommendation made to the parties that arises from the duties of the parenting facilitator. 916 (H.B. 153.605. 12(1), eff. (c) A parenting facilitator, before accepting appointment in a suit, must disclose to the court, each attorney for a party, any attorney for a child who is the subject of the suit, and any party who does not have an attorney: (1) a pecuniary relationship with an attorney, party, or child in the suit; (2) a relationship of confidence or trust with an attorney, party, or child in the suit; and. (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. 27, eff. 1113 (H.B. Sec. 907 (H.B. Sec. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. (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. 279), Sec. This is a presumption that may be rebutted if not in the child's best interest. Acts 2009, 81st Leg., R.S., Ch. GENERAL TERMS AND CONDITIONS. 358 (H.B. 5, eff. 99 (S.B. (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. (a) Except as provided by Subsection (b), a final order in a suit affecting the parent-child relationship must include a parenting plan. Acts 2009, 81st Leg., R.S., Ch. 153.317. REQUIREMENT OF PARENTING PLAN IN FINAL ORDER. 1 (S.B. 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. Sec. Sec. Sept. 1, 1995. 555), Sec. 1351, Sec. 751, Sec. (b) If the conservator described by Subsection (a) petitions the court under Subsection (a), the court: (1) shall compute the periods of possession or access to the child described by Subsection (a)(1); and. 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. 3, eff. (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. 153.007. June 17, 2011. (d) If due to hardship the parties are unable to pay the fees of a parenting coordinator, and a domestic relations office or a comparable county agency is not available under Subsection (c), the court, if feasible, may appoint a person who meets the minimum qualifications prescribed by Section 153.610, including an employee of the court, to act as a parenting coordinator on a volunteer basis and without compensation. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2007. 972 (S.B. 1, eff. 20, Sec. April 20, 1995. Sec. Acts 2019, 86th Leg., R.S., Ch. SUBCHAPTER I. Acts 2007, 80th Leg., R.S., Ch. (b) A hearing under this section shall, if possible, take precedence over other suits affecting the parent-child relationship not involving a conservator who has been ordered to military deployment, military mobilization, or temporary military duty. 153.191. 586, Sec. Added by Acts 1995, 74th Leg., ch. (2) "Family violence" has the meaning assigned by Section 71.004. (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. Acts 2009, 81st Leg., R.S., Ch. June 17, 2011. 1 (S.B. (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. 112 (H.B. 1, eff. Added by Acts 1995, 74th Leg., ch. 31, eff. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. September 1, 2021. (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. (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. DEFINITIONS. (b) If the court finds that there is credible evidence of a risk of abduction of the child by a parent of the child based on the court's consideration of the factors in Subsection (a), the court shall also consider evidence regarding the following factors to evaluate the risk of international abduction of the child by a parent: (1) whether the parent has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. Sept. 1, 1997. 219), Sec. 252), Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. (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. 34, eff. 10, eff. 936, Sec. Added by Acts 1995, 74th Leg., ch. 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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 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. (b) The court may render a temporary order in a proceeding under this subchapter regarding: (1) possession of or access to the child; or. 1036, Sec. (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. 1113 (H.B. Sec. Acts 2005, 79th Leg., Ch. 751, Sec. September 1, 2007. 1, eff. Sec. 1.049, eff. 1, eff. Custody & Visitation - Child Custody and Support - Guides at Texas Acts 2007, 80th Leg., R.S., Ch. 751, Sec. Sept. 1, 1997. Sept. 1, 1999. Sept. 1, 1997. September 1, 2017. Amended by Acts 1995, 74th Leg., ch. (b) A nonparent possessory conservator has any other right or duty specified in the order. On request by the court, the parties, or the parties' attorneys, the parenting coordinator shall sign a statement of agreement to comply with those guidelines and submit the statement to the court on acceptance of the appointment. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. 36, eff. 153.254. Sec. (b) The court shall specify in the order the rights that a parent retains at all times. (a) Notwithstanding any rule, standard of care, or privilege applicable to the professional license held by a parenting facilitator, a communication made by a participant in parenting facilitation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. Notwithstanding any other provision of this subchapter, this subchapter does not apply to a proceeding in a Title IV-D case relating to the determination of parentage or establishment, modification, or enforcement of a child support, medical support, or dental support obligation. 153.138. No. 1, eff. (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). September 1, 2009. COMPENSATION OF PARENTING COORDINATOR. VISITATION CENTERS AND VISITATION EXCHANGE FACILITIES. 555), Sec. 25, eff. 7, eff. September 1, 2005. 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: (2) by the joint agreement of the parents; and. 30, eff. Sept. 1, 1999. (g) The provisions for confidentiality of alternative dispute resolution procedures under Chapter 154, Civil Practice and Remedies Code, apply equally to the work of a parenting coordinator, as defined by Section 153.601, and to the parties and any other person who participates in the parenting coordination. (3) the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3). DEFINITIONS. Added by Acts 1995, 74th Leg., ch. 3, eff. 482 (H.B. The duties of the parenting facilitator are limited to those matters described with regard to a parenting coordinator under Section 153.606(a), except that the parenting facilitator may also monitor compliance with court orders. 20, Sec. A parenting coordinator shall submit a written report to the court and to the parties as often as ordered by the court. Sept. 1, 1995. (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. 555), Sec. 1012), Sec. April 20, 1995. Added by Acts 2009, 81st Leg., R.S., Ch. September 1, 2007. 153.014. 153.011. Added by Acts 2021, 87th Leg., R.S., Ch. 153.312. Sec. (2) be licensed in good standing as an attorney in this state. 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. On request by a party, an attorney for a party, or any attorney for a child who is the subject of the suit, a person under consideration for appointment as a parenting facilitator in the suit shall provide proof that the person satisfies the minimum qualifications required by this section. Sec. 1, eff. (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. (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. Acts 2021, 87th Leg., R.S., Ch. ABDUCTION RISK FACTORS. DUTIES OF PARENTING COORDINATOR. The Texas Legislature has made clear in the Texas Family Code 153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. The court may not require the submission of a temporary parenting plan in any case or by local rule or practice. April 20, 1995. 1113 (H.B. 10, eff. April 20, 1995. 09-2021) Page 1 of 10 Standard Possession Order . (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. Sec. 153.607. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. ENFORCEMENT. (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. (1) hold a license to practice in this state as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney; and. 1113 (H.B. April 20, 1995. 28, eff. Acts 2015, 84th Leg., R.S., Ch. (2) is in the best interest of the child. COURT-ORDERED JOINT CONSERVATORSHIP. 751, Sec. 1936), Sec. PDF Exhibit: Standard Possession (Visitation) and Access Order 153.551. 555), Sec. Amended by Acts 1997, 75th Leg., ch. AGREED PARENTING PLAN. April 20, 1995. Texas Standard Possession Order specifies the noncustodial parent's visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child's life. Acts 2015, 84th Leg., R.S., Ch. Designation of Conservators . September 1, 2009. 236, Sec. 1397, Sec. 3203), Sec. Sec. September 1, 2005. 1181 (H.B. Acts 2005, 79th Leg., Ch. (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. September 1, 2007. September 1, 2015. April 20, 1995. 555), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 4, eff. 153.704. 1012), Sec. 219), Sec. QUALIFICATIONS OF PARENTING FACILITATOR. Acts 2015, 84th Leg., R.S., Ch. (2) is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator's military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1). (5) any other agreement between the parties that is approved by a court. 1.043, eff. (b) A managing conservator must be a parent, a competent adult, the Department of Family and Protective Services, or a licensed child-placing agency. 26, eff. September 1, 2009. 1113 (H.B. 1036, Sec. 153.072. 13, eff. Sec. (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. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. Acts 2009, 81st Leg., R.S., Ch. (c) On the written agreement of the parties or on the court's own motion, the court may refer a suit affecting the parent-child relationship to mediation. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. 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.

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