equal parenting time becomes the default for joint conservators

The text as introduced · 3,097 words

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 the specific reasons for the

variance from the equal parenting [ standard ] order.

SECTION 18. The heading to Subchapter F, Chapter 153,

Family Code, is amended to read as follows:

SUBCHAPTER F. ALTERNATIVE [ STANDARD ] POSSESSION ORDER

SECTION 19. Section 153.3101, Family Code, is amended to

read as follows:

Sec. 153.3101. REFERENCE TO "SCHOOL" IN ALTERNATIVE

[ STANDARD ] POSSESSION ORDER. In an alternative [ a standard ]

possession order, "school" means the elementary or secondary school

in which the child is enrolled or, if the child is not enrolled in an

elementary or secondary school, the public school district in which

the child primarily resides.

SECTION 20. Section 153.311, Family Code, is amended to

read as follows:

Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR

POSSESSION. The court shall specify in an alternative [ 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 alternative [ standard ]

possession order.

SECTION 21. Section 153.314, Family Code, is amended to

read as follows:

Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE

PARENTS RESIDE APART. 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. The possessory

conservator and the managing conservator shall have rights of

possession of the child as follows:

(1) the possessory conservator shall have possession

of the child in even-numbered years beginning at 6 p.m. on the day

the child is dismissed from school for the Christmas school

vacation and ending at noon on December 28, and the managing

conservator shall have possession for the same period in

odd-numbered years;

(2) the possessory conservator shall have possession

of the child in odd-numbered years beginning at noon on December 28

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 even-numbered years;

(3) the possessory conservator shall have possession

of the child in odd-numbered years, beginning at 6 p.m. on the day

the child is dismissed from school before Thanksgiving and ending

at 6 p.m. on the following Sunday, and the managing conservator

shall have possession for the same period in even-numbered years;

(4) the parent not otherwise entitled under this

alternative [ 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

entitled to possession and returns the child to that same place;

(5) if a conservator, the father shall have possession

of the child beginning at 6 p.m. on the Friday preceding Father's

Day and ending on Father's Day at 6 p.m., provided that, if he is not

otherwise entitled under this alternative [ standard ] possession

order to present possession of the child, he picks up the child from

the residence of the conservator entitled to possession and returns

the child to that same place; and

(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 alternative [ 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.

SECTION 22. Section 153.317(a), Family Code, is amended to

read as follows:

(a) If elected by a conservator, the court shall alter the

alternative [ standard ] possession order under Sections 153.312,

153.314, and 153.315 to provide for one or more of the following

alternative beginning and ending possession times for the described

periods of possession, unless the court finds that the election is

not in the best interest of the child:

(1) for weekend periods of possession under Section

153.312(a)(1) during the regular school term:

(A) beginning at the time the child's school is

regularly dismissed;

(B) ending at the time the child's school resumes

after the weekend; or

(C) beginning at the time described by Paragraph

(A) and ending at the time described by Paragraph (B);

(2) for Thursday periods of possession under Section

153.312(a)(2):

(A) beginning at the time the child's school is

regularly dismissed;

(B) ending at the time the child's school resumes

on Friday; or

(C) beginning at the time described by Paragraph

(A) and ending at the time described by Paragraph (B);

(3) for spring vacation periods of possession under

Section 153.312(b)(1), beginning at the time the child's school is

dismissed for those vacations;

(4) for Christmas school vacation periods of

possession under Section 153.314(1), beginning at the time the

child's school is dismissed for the vacation;

(5) for Thanksgiving holiday periods of possession

under Section 153.314(3), beginning at the time the child's school

is dismissed for the holiday;

(6) for Father's Day periods of possession under

Section 153.314(5), ending at 8 a.m. on the Monday after Father's

Day weekend;

(7) for Mother's Day periods of possession under

Section 153.314(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) beginning at the time described by Paragraph

(A) and ending at the time described by Paragraph (B);

(8) for weekend periods of possession that are

extended under Section 153.315(b) by a student holiday or teacher

in-service day that falls on a Friday, beginning at the time the

child's school is regularly dismissed on Thursday; or

(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.

SECTION 23. Section 153.3171(a), Family Code, as amended by

Chapters 896 (H.B. 3203) and 967 (S.B. 1936), Acts of the 87th

Legislature, Regular Session, 2021, is reenacted and amended to

read as follows:

(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 alternative

[ 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).

SECTION 24. Section 153.601(4), Family Code, is amended to

read as follows:

(4) "Parenting plan" means the provisions of a final

court order that:

(A) set out rights and duties of a parent or a

person acting as a parent in relation to the child;

(B) provide for periods of possession of and

access to the child, which may be the terms set out in the equal

parenting order under Section 153.135 or the alternative [ standard ]

possession order under Subchapter F , and any amendments to the

[ standard possession ] order agreed to by the parties or found by the

court to be in the best interest of the child;

(C) provide for child support; and

(D) optimize the development of a close and

continuing relationship between each parent and the child.

SECTION 25. The heading to Section 231.1211, Family Code,

is amended to read as follows:

Sec. 231.1211. INFORMATIONAL MATERIALS ON EQUAL PARENTING

ORDER AND ALTERNATIVE [ STANDARD ] POSSESSION ORDER.

SECTION 26. Section 231.1211(a), Family Code, is amended to

read as follows:

(a) The Title IV-D agency shall create informational

materials that describe the equal parenting order under Section

153.135 and the possession schedule under the alternative

[ standard ] possession order under Subchapter F, Chapter 153,

including any modified [ alternate ] schedules or elections

available to conservators.

SECTION 27. The enactment of this Act does not constitute a

material and substantial change of circumstances sufficient to

warrant modification of a court order or portion of a decree that

provides for the possession of or access to a child rendered before

the effective date of this Act.

SECTION 28. The change in law made by this Act applies to a

suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or that is filed on or

after the effective date of this Act.

SECTION 29. This Act takes effect September 1, 2025.