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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to alternative equal access times of possession under a |
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| 8 | 8 | | standard possession order in a suit affecting the parent-child |
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| 9 | 9 | | relationship. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter F, Chapter 153, Family Code, is |
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| 12 | 12 | | amended by adding Section 153.3115 to read as follows: |
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| 13 | 13 | | Sec. 153.3115. RIGHT TO ALTERNATIVE EQUAL ACCESS STANDARD |
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| 14 | 14 | | POSSESSION ORDER. (a) Unless the court finds that an alternative |
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| 15 | 15 | | equal access standard possession order under Section 153.318, or an |
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| 16 | 16 | | election under that order, is not in the best interest of the child, |
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| 17 | 17 | | a conservator may elect to increase the times of possession to which |
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| 18 | 18 | | the conservator would otherwise be entitled under Sections 153.312, |
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| 19 | 19 | | 153.314, and 153.315 by requesting an alternative equal access |
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| 20 | 20 | | standard possession order under Section 153.318. |
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| 21 | 21 | | (b) A conservator must make an election under Subsection (a) |
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| 22 | 22 | | before or at the time a possession order is rendered. |
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| 23 | 23 | | (c) An election under Subsection (a) may be made: |
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| 24 | 24 | | (1) in a written document filed with the court; or |
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| 25 | 25 | | (2) through an oral statement made in open court on the |
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| 26 | 26 | | record. |
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| 27 | 27 | | SECTION 2. Subchapter F, Chapter 153, Family Code, is |
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| 28 | 28 | | amended by adding Section 153.318 to read as follows: |
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| 29 | 29 | | Sec. 153.318. ALTERNATIVE EQUAL ACCESS POSSESSION ORDER. |
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| 30 | 30 | | (a) If elected by a conservator under Section 153.3115 and subject |
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| 31 | 31 | | to the limitations prescribed by that section, the court shall |
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| 32 | 32 | | alter the standard possession order under Sections 153.312, |
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| 33 | 33 | | 153.314, and 153.315 to provide for increased times of possession |
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| 34 | 34 | | as a result of that conservator's election under one of the |
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| 35 | 35 | | following arrangements: |
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| 36 | 36 | | (1) an arrangement under which each parent has |
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| 37 | 37 | | possession of the child for one week at a time, alternating weeks of |
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| 38 | 38 | | possession with the other parent; |
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| 39 | 39 | | (2) an arrangement under which possession of the child |
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| 40 | 40 | | alternates between the parents for succeeding two-day alternating |
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| 41 | 41 | | periods followed by alternating five-day periods; or |
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| 42 | 42 | | (3) an arrangement under which each parent has |
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| 43 | 43 | | possession of the child under a schedule specified by the court or |
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| 44 | 44 | | agreed to by the parties, provided that the schedule provides the |
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| 45 | 45 | | child, as reasonably as possible, approximately equal access to |
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| 46 | 46 | | both conservators. |
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| 47 | 47 | | (b) If under an arrangement elected under Subsection (a), |
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| 48 | 48 | | one parent is granted possession of the child for a greater number |
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| 49 | 49 | | of days than the other parent in a year, the other parent must be |
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| 50 | 50 | | granted possession of the child for that same number of days in the |
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| 51 | 51 | | following year. |
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| 52 | 52 | | (c) The holiday and vacation schedules prescribed by this |
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| 53 | 53 | | subchapter apply to an arrangement elected under Subsection (a). |
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| 54 | 54 | | (d) The parents may modify an arrangement elected under |
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| 55 | 55 | | Subsection (a) or the holiday or vacation schedule by mutual |
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| 56 | 56 | | agreement. |
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| 57 | 57 | | (e) A period of possession that begins or ends on a Friday or |
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| 58 | 58 | | a Sunday under an arrangement elected under Subsection (b) is |
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| 59 | 59 | | subject to the possession period extensions provided by Section |
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| 60 | 60 | | 153.315. |
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| 61 | 61 | | SECTION 3. The enactment of this Act does not constitute a |
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| 62 | 62 | | material and substantial change of circumstances sufficient to |
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| 63 | 63 | | warrant modification of a court order or portion of a decree that |
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| 64 | 64 | | provides for the possession of or access to a child rendered before |
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| 65 | 65 | | the effective date of this Act. |
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| 66 | 66 | | SECTION 4. The change in law made by this Act applies to a |
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| 67 | 67 | | suit affecting the parent-child relationship that is pending in a |
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| 68 | 68 | | trial court on the effective date of this Act or that is filed on or |
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| 69 | 69 | | after the effective date of this Act. |
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| 70 | 70 | | SECTION 5. This Act takes effect September 1, 2019. |
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