SB849 - Relating to orders providing for the conservatorship of or possession of and access to a child by the child's parents in a suit affecting the parent-child relationship.

  89R4896 AMF-D     By: Middleton S.B. No. 849       A BILL TO BE ENTITLED   AN ACT   relating to orders providing for the conservatorship of or   possession of and access to a child by the child's parents in a suit   affecting the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 101, Family Code, is amended by adding   Section 101.0122 to read as follows:           Sec.   101.0122.     EQUAL PARENTING ORDER. "Equal parenting   order" means an order that provides both parents of a child who are   joint managing conservators with rights of equal or nearly equal   periods of physical possession of and access to the child in   accordance with Section 153.135.          SECTION 2.  Section 101.029, Family Code, is redesignated as   Section 101.0016, Family Code, and amended to read as follows:          Sec.  101.0016 [ 101.029 ].   ALTERNATIVE [ STANDARD ] POSSESSION   ORDER. " Alternative [ Standard ] possession order" means an order   that provides a parent with rights of possession of a child in   accordance with the terms and conditions of Subchapter F, Chapter   153.          SECTION 3.  Section 105.001(g), Family Code, is amended to   read as follows:          (g)  The rebuttable presumptions established in favor of the   application of the guidelines for a child support order and for the   equal parenting order or the alternative [ standard ] possession   order , as applicable, under Chapters 153 and 154 apply to temporary   orders. The presumptions do not limit the authority of the court to   render other temporary orders.          SECTION 4.  Section 153.001(a), Family Code, is amended to   read as follows:          (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 equally in the rights   and duties of raising their child after the parents have separated   or dissolved their marriage.          SECTION 5.  Section 153.007(a), Family Code, is amended to   read as follows:          (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 :                 (1)     equal or nearly equal periods of physical   possession as provided by an equal parenting order under Section   153.135; or                 (2)   the alternative [ standard ] possession order under   Subchapter F .          SECTION 6.  Section 153.072, Family Code, is amended to read   as follows:          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 only if the court makes a written   finding that the limitation is in the best interest of the child.          SECTION 7.  Section 153.131(b), Family Code, is amended to   read as follows:          (b)  It is a rebuttable presumption that the appointment of   the parents of a child as joint managing conservators with rights of   equal or nearly equal periods of physical possession of and access   to the child 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.          SECTION 8.  Section 153.135, Family Code, is amended to read   as follows:          Sec. 153.135.  EQUAL PARENTING ORDER FOR JOINT MANAGING   CONSERVATORS [ POSSESSION NOT REQUIRED ].   (a) Notwithstanding any   other provision of this chapter and except as otherwise provided by   this section, if the court renders an order under Section 153.134   appointing both parents of a child as joint [ Joint ] managing   conservators, the court shall render an equal parenting order   providing for [ 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 managing [ joint ] conservators unless the court   determines and enters findings of fact on the record specifying   that:                 (1)     an equal parenting order is unworkable or   inappropriate due to the work schedule or other special   circumstances of a managing conservator or the child, or the school   schedule of the child; or                 (2)     equal or nearly equal periods of physical   possession and access are not in the best interest of the child .           (b)     If the court determines under Subsection (a) that the   equal parenting order is unworkable or inappropriate or not in the   best interest of the child, the court may enter an alternative   possession order under Subchapter F, including an expanded   alternative possession order under Section 153.3171, if   applicable. If the court finds that the alternative possession   order is unworkable or inappropriate, the court may modify the   alternative possession order as provided by Section 153.253. If   the court finds that the alternative possession order is not in the   best interest of the child, the court may render an order that the   court finds to be in the best interest of the child considering the   guidelines established by the alternative possession order and the   factors provided by Section 153.256.           (c)     The court shall render an order appropriate under the   circumstances for the possession of a child less than three years of   age, as provided by Section 153.254(a), which does not need to   provide equal or nearly equal periods of possession of or access to   a child to both joint managing conservators.   The court shall render   a prospective order to take effect on the child's third birthday,   which presumptively will be an equal parenting order.          SECTION 9.  The heading to Subchapter E, Chapter 153, Family   Code, is amended to read as follows:   SUBCHAPTER E.  GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT   NAMED AS POSSESSORY CONSERVATOR OR FOR THE MINIMUM POSSESSION FOR A   PARENT NAMED AS JOINT MANAGING CONSERVATOR          SECTION 10.  Sections 153.251(a) and (d), Family Code, are   amended to read as follows:          (a)  The guidelines established in the alternative   [ 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 if the court does not   render an equal parenting order under Section 153.135 .          (d)  The equal parenting and alternative [ standard ]   possession orders are [ order is ] designed to apply to a child three   years of age or older.          SECTION 11.  Section 153.252, Family Code, is amended to   read as follows:          Sec. 153.252.  REBUTTABLE PRESUMPTION. In a suit, there is a   rebuttable presumption that the alternative [ standard ] possession   order in Subchapter F[ :                [ (1) ]  provides reasonable minimum possession of a   child for a parent named as a :                 (1)   possessory conservator ; or                 (2)   joint managing conservator , if the court does not   render an equal parenting order under Section 153.135 [ ; and                [ (2)  is in the best interest of the child ].          SECTION 12.  Section 153.253, Family Code, is amended to   read as follows:          Sec. 153.253.   EQUAL PARENTING OR ALTERNATIVE [ 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 :                 (1)     the equal parenting order if the work schedule or   other special circumstances of a parent who is a joint managing   conservator or the child or the year-round school schedule of the   child make the equal parenting order unworkable or inappropriate;   or                 (2)     in circumstances other than those described by   Subdivision (1), the alternative [ 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 alternative   possession [ standard ] order unworkable or inappropriate.          SECTION 13.  Section 153.254(d), Family Code, is amended to   read as follows:          (d)  The court shall render a prospective order to take   effect on the child's third birthday, which presumptively will be :                 (1)     if both parents are appointed as joint managing   conservators of the child, the equal parenting order; or                   (2)     in circumstances other than those described by   Subdivision (1), the alternative  [ standard ] possession order.          SECTION 14.  Section 153.255, Family Code, is amended to   read as follows:          Sec. 153.255.  AGREEMENT. The court may render an order for   periods of possession of a child that vary from the equal parenting   order or the alternative [ standard ] possession order based on the   agreement of the parties.          SECTION 15.  Section 153.256, Family Code, is amended to   read as follows:          Sec. 153.256.  FACTORS FOR COURT TO CONSIDER. In ordering   the terms of possession of a child under an order other than an   equal parenting order or an alternative [ a standard ] possession   order, the court shall be guided by the guidelines established by   the equal parenting order or the alternative  [ standard ] possession   order , as applicable, and may consider:                (1)  the age, developmental status, circumstances,   needs, and best interest of the child;                (2)  the circumstances of the joint managing   conservators or of the  managing conservator and of the parent named   as a possessory conservator; and                (3)  any other relevant factor.          SECTION 16.  The heading to Section 153.258, Family Code, is   amended to read as follows:          Sec. 153.258.  REQUEST FOR FINDINGS WHEN ORDER VARIES FROM   EQUAL PARENTING [ STANDARD ] ORDER.          SECTION 17.  Section 153.258(a), Family Code, is amended to   read as follows:          (a)  In all cases in which possession of a child by a parent   is contested and the possession of the child varies from the equal   parenting [ standard possession ] order, including a possession   order for a child under three years of age, on request by a party,   the court shall state in writing t [Text truncated for display. 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