(1) "Abuse" and "neglect" have the meanings assigned by Section 261.001. 3.01, eff. 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. 34, eff. Family Code, is amended by adding Section 153.3115 to read as follows: Sec. 421 (S.B. Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Docket No. 14, eff. 972 (S.B. 1036, Sec. 1012), Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. This subsection does not affect the duty of a person to report abuse or neglect under Section 261.101. 153.607. Acts 2007, 80th Leg., R.S., Ch. Sec. 2, eff. 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. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 153.075. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. (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. (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. 1404), Sec. 2, eff. Acts 2021, 87th Leg., R.S., Ch. Sec. from the primary residence of the child/ren. Sec. 1 (S.B. (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. September 1, 2009. (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. 561, Sec. 555), Sec. Sept. 1, 1999. September 1, 2015. CHILD SUPPORT ORDER AFFECTING JOINT CONSERVATORS. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE. (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. No. A requirement in a parenting plan that a party initiate or participate in a dispute resolution process before filing a court action does not apply to an action: (1) to modify the parenting plan in an emergency; (3) alleging that the child's present circumstances will significantly impair the child's physical health or significantly impair the child's emotional development; (5) in which the party shows that enforcement of the requirement is precluded or limited by Section 153.0071. PRESUMPTION THAT PARENT TO BE APPOINTED MANAGING CONSERVATOR. Bill Title:Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. April 20, 1995. 1012), Sec. 153.3171. 117 (S.B. 236, Sec. (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed. (b) The person, Department of Family and Protective Services, or agency designated to serve as managing conservator shall be appointed managing conservator unless the court finds that the appointment would not be in the best interest of the child. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1997. 24, eff. (9) if a conservator's time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school. 36, eff. 2, eff. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 153.003. Sec. April 20, 1995. ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR. 751, Sec. Sec. 153.014. PRESUMPTION OF GOOD FAITH; REMOVAL OF PARENTING COORDINATOR. 1, eff. Acts 2015, 84th Leg., R.S., Ch. 1036, Sec. 20, Sec. September 1, 2013. (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. Added by Acts 1995, 74th Leg., ch. BEST INTEREST OF CHILD. Acts 2007, 80th Leg., R.S., Ch. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit; or. 21, eff. 10, eff. 1041 (H.B. If both of the parents of a child are deceased, the court may consider appointment of a parent, sister, or brother of a deceased parent as a managing conservator of the child, but that consideration does not alter or diminish the discretionary power of the court. September 1, 2007. 153.015. 153.010. Acts 2019, 86th Leg., R.S., Ch. September 1, 2015. 1864), Sec. 1036, Sec. (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. (a) The court shall determine whether the qualifications of a proposed parenting facilitator satisfy the requirements of this section. 1181 (H.B. Sec. (d) After a conservator's military deployment, military mobilization, or temporary military duty is concluded, and the conservator returns to the conservator's usual residence, the temporary orders under this section terminate and the rights of all affected parties are governed by the terms of any court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty. 482 (H.B. September 1, 2009. EXCEPTION FOR CERTAIN TITLE IV-D PROCEEDINGS. Sec. September 1, 2009. (2) is in the best interest of the child. Sept. 1, 1995. 3, eff. Sec. 153.371. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021). (5) any other agreement between the parties that is approved by a court. 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. 1, eff. 153.373. (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. April 20, 1995. In this video, Attorney Tony Ramirez explains the expanded standard possession order for parents living within 50 miles of each other in Texas. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 153.6101. Added by Acts 1995, 74th Leg., ch. (b) The proposed joint resolution or statement of intent is not an agreement unless the resolution or statement is: (1) prepared by the parties' attorneys, if any, in a form that meets the applicable requirements of: (A) Rule 11, Texas Rules of Civil Procedure; (B) a mediated settlement agreement described by Section 153.0071; (C) a collaborative law agreement described by Section 153.0072; (D) a settlement agreement described by Section 154.071, Civil Practice and Remedies Code; or. (B) approaching the child at any location other than a site designated for supervised visitation; (4) order passport and travel controls, including controls that: (A) prohibit the parent and any person acting on the parent's behalf from removing the child from this state or the United States; (B) require the parent to surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and. The Court ORDERS that 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. 916 (H.B. (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. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Added by Acts 2009, 81st Leg., R.S., Ch. April 2, 2015. Acts 2007, 80th Leg., R.S., Ch. 153.704. 1.049, eff. (3) a final order described by Section 155.001(b). The term does not include National Guard or Reserve annual training. 20, Sec. (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. Sept. 1, 2003. 949, Sec. 25, eff. (a) In a suit affecting the parent-child relationship, the court may, on its own motion or on a motion or agreement of the parties, appoint a parenting facilitator or assign a domestic relations office under Chapter 203 to appoint an employee or other person as a parenting facilitator. (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. 1228), Sec. September 1, 2019. (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. 2, eff. (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-1) The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator: (1) establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established; (2) resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or. 645, Sec. Sec. ABDUCTION RISK FACTORS. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE MANAGING CONSERVATOR. (4) if the parenting coordinator ceases to satisfy the minimum qualifications required by Section 153.610. Sec. April 20, 1995. Added by Acts 2001, 77th Leg., ch. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. Sec. 9, eff. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 153.131. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. Sec. Added by Acts 1995, 74th Leg., ch. Temporary orders rendered under this subchapter may be enforced by or against the designated person to the same extent that an order would be enforceable against the conservator who has been ordered to military deployment, military mobilization, or temporary military duty. We have offices in Fort Bend County, Matagorda County, and Wharton . April 20, 1995. 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. EXPEDITED HEARING. 555), Sec. (a) A court may not appoint a parenting coordinator, other than a domestic relations office or a comparable county agency appointed under Subsection (c) or a volunteer appointed under Subsection (d), unless, after notice and hearing, the court finds that the parties have the means to pay the fees of the parenting coordinator. 252), Sec. 1113 (H.B. (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. After an objection is filed, a parenting coordinator may not be appointed unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. Section 153.609 applies to a parenting facilitator in the same manner as provided for a parenting coordinator, except that a person appointed in accordance with Section 153.609(d) to act as a parenting facilitator must meet the minimum qualifications prescribed by Section 153.6101. 10, eff. 1, eff. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. 153.376. Sec. 9, Sec. Acts 2005, 79th Leg., Ch. 1.046, eff. (2) "Family violence" has the meaning assigned by Section 71.004. 1012), Sec. (a) The court shall specify the duties of a parenting coordinator in the order appointing the parenting coordinator. Sec. 86 (S.B. 9, eff. (2) the authority to exercise management and control of the suit. 9, eff. 6, eff. June 17, 2011. 1397, Sec. 2, eff. 1, eff. the parent not otherwise entitled under this standard possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator . (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. Acts 2015, 84th Leg., R.S., Ch. (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. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS SOLE MANAGING CONSERVATOR. (3) 24 classroom hours of training in the fields of family dynamics, child development, family law and the law governing parenting coordination, and parenting coordination styles and procedures. If a parenting facilitator is appointed, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Amended by Acts 1997, 75th Leg., ch. 1036, Sec. Sept. 1, 2003. (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 2009, 81st Leg., R.S., Ch. 555), Sec. September 1, 2021. 774, Sec. 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. 330, Sec. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. 10, eff. 555), Sec. Sept. 1, 1999; Acts 2003, 78th Leg., ch. A biological or adoptive grandparent may not request possession of or access to a grandchild if: (1) each of the biological parents of the grandchild has: (B) had the person's parental rights terminated; or, (C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates the Department of Family and Protective Services, a licensed child-placing agency, or a person other than the child's stepparent as the managing conservator of the child; and. 1036, Sec. (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. 153.501. PUBLIC POLICY. (9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday. Sec. Amended by Acts 1999, 76th Leg., ch. 1113 (H.B. 1012), Sec. (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. Acts 2015, 84th Leg., R.S., Ch. 261), Sec. SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT NAMED AS POSSESSORY CONSERVATOR. 1252 (H.B. 1, eff. Acts 2005, 79th Leg., Ch. 3203), Sec. MEANS OF TRAVEL. 1.044, eff. Sec. 1181 (H.B. Acts 2007, 80th Leg., R.S., Ch. The possessory conservator and the managing conservator shall have rights of possession of the child as follows: (1) the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; (A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day; or. April 20, 1995. QUALIFICATIONS OF PARENTING COORDINATOR. (5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator's period or periods of extended summer possession or with Father's Day if the possessory conservator is the father of the child. 153.431. (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. 1, eff. 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. Sept. 1, 1995. Added by Acts 1995, 74th Leg., ch. 153.009. September 1, 2013. 8, eff. 1351, Sec. 153.611. 20, Sec. 4, eff. (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. (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. Sec. 2, eff. 153.606. A nonparent possessory conservator has the right of access to medical, dental, psychological, and educational records of the child to the same extent as the managing conservator, without regard to whether the right is specified in the order. (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. 153.551. Texas Law. Sec. Sec. September 1, 2007. Sec. (2) the person appointed has the minimum qualifications required by Section 153.6101, as documented by the person. NONPARENT APPOINTED AS JOINT MANAGING CONSERVATOR. 38, eff. 1, eff. Sec. Notwithstanding this prohibition, a court may appoint the domestic relations office or a comparable county agency to act as a parenting coordinator if personnel are available to serve that function. SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR. Acts 2015, 84th Leg., R.S., Ch. 1, eff. 153.502. Acts 2011, 82nd Leg., R.S., Ch. (d) This section does not preclude the parties from requesting the appointment of a parenting coordinator to resolve parental conflicts. September 1, 2017. They will not automatically be granted their preferred custody arrangement as the court still must rule . (a) The court shall determine the required qualifications of a parenting coordinator, provided that a parenting coordinator must have experience working in a field relating to families, have practical experience with high-conflict cases or litigation between parents, and: (A) a bachelor's degree in counseling, education, family studies, psychology, or social work; or, (B) a graduate degree in a mental health profession, with an emphasis in family and children's issues; or. 219), Sec. 1113 (H.B. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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. 228), Sec. Acts 2007, 80th Leg., R.S., Ch. 1, eff. (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. 153.135. NOTE: There are more recent revisions of this legislation.Read Latest Draft Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship. RIGHT TO PRIVACY; DELETION OF PERSONAL INFORMATION IN RECORDS. June 18, 2005. 260), Sec. 1012), Sec. (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. 153.703. 1237), Sec. 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) through an oral statement made in open court on the record. 22, eff. 153.6061. Added by Acts 1999, 76th Leg., ch. 555), Sec. (a) On written agreement of the parties, the court may refer a suit affecting the parent-child relationship to arbitration. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR. (c) The actions of a parenting facilitator who is not an attorney do not constitute the practice of law. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (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. (3) a final protective order was rendered against a party. (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. Sept. 1, 2003. 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. PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER. 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. September 1, 2011. 31, eff. EQUAL POSSESSION NOT REQUIRED. Added by Acts 1995, 74th Leg., ch. 916 (H.B. Sec. 50 miles or less. Sec. Sec. 751, Sec. 153.3721. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. TITLE 5. The court shall specify in a standard possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard possession order. The standard possession order options available to parents can change based on how far you live from one another. (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. 751, Sec. (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. Sec. (a) It is a rebuttable presumption that a parenting facilitator is acting in good faith if the parenting facilitator's services have been conducted as provided by this subchapter and the standard of care applicable to the professional license held by the parenting facilitator. 1012), Sec. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Sec. 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. Amended by Acts 1995, 74th Leg., ch. 751, Sec. (b) The court may not appoint joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child, including a sexual assault in violation of Section 22.011 or 22.021, Penal Code, that results in the other parent becoming pregnant with the child.
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