1 | 1 | | 86R11893 JSC-F |
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2 | 2 | | By: Ramos H.B. No. 3841 |
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3 | 3 | | |
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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 military duty of a conservator of a child in a suit |
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8 | 8 | | affecting the parent-child relationship. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 153.701, Family Code, is amended to read |
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11 | 11 | | as follows: |
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12 | 12 | | Sec. 153.701. DEFINITIONS. In this subchapter: |
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13 | 13 | | (1) "Designated person" means the person ordered by |
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14 | 14 | | the court to temporarily exercise a conservator's rights, duties, |
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15 | 15 | | and periods of possession and access with regard to a child during |
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16 | 16 | | the conservator's military deployment or military obligation [, |
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17 | 17 | | military mobilization, or temporary military duty]. |
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18 | 18 | | (2) "Long-term military obligation" means any |
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19 | 19 | | military obligation of a service member that prevents the service |
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20 | 20 | | member from exercising parental duties because of geographic |
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21 | 21 | | factors or other credible factors for a period of more than 90 days |
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22 | 22 | | but less than 18 months. The term does not include a permanent |
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23 | 23 | | change of station. |
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24 | 24 | | (3) [(2)] "Military deployment" means the temporary |
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25 | 25 | | transfer of a service member of the armed forces of this state or |
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26 | 26 | | the United States [serving in an active-duty status] to another |
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27 | 27 | | location in support of combat or some other military operation for a |
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28 | 28 | | period of more than 90 days but less than 18 months under a |
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29 | 29 | | uniformed service order. |
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30 | 30 | | (4) [(3)] "Military obligation" means any requirement |
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31 | 31 | | of a service member to fulfill necessary duties, including: |
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32 | 32 | | (A) training activities; |
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33 | 33 | | (B) preparations for deployment or training; |
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34 | 34 | | (C) administrative or supervisory requirements; |
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35 | 35 | | or |
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36 | 36 | | (D) occupational school attendance |
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37 | 37 | | [mobilization" means the call-up of a National Guard or Reserve |
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38 | 38 | | service member of the armed forces of this state or the United |
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39 | 39 | | States to extended active duty status. The term does not include |
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40 | 40 | | National Guard or Reserve annual training]. |
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41 | 41 | | (5) "Record" means information that is inscribed on a |
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42 | 42 | | tangible medium or that is stored in an electronic or other medium |
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43 | 43 | | and is retrievable in perceivable form. The term includes a letter, |
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44 | 44 | | an e-mail, a text message, and social media messaging. |
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45 | 45 | | (6) "Short-term military obligation" means any |
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46 | 46 | | military obligation of a service member that prevents the service |
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47 | 47 | | member from exercising parental duties because of geographic |
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48 | 48 | | factors or other credible factors for a period of 90 days or less. |
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49 | 49 | | (7) "Standing intermittent" means a long-term plan for |
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50 | 50 | | a child's care during repeated periods of absence of a conservator |
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51 | 51 | | of the child because of short-term military obligations. |
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52 | 52 | | (8) "Uniformed service" means: |
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53 | 53 | | (A) active and reserve components of the army, |
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54 | 54 | | navy, air force, marine corps, or coast guard of the United States; |
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55 | 55 | | (B) the United States Merchant Marine; |
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56 | 56 | | (C) the commissioned corps of the United States |
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57 | 57 | | Public Health Service; |
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58 | 58 | | (D) the commissioned corps of the National |
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59 | 59 | | Oceanic and Atmospheric Administration of the United States; or |
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60 | 60 | | (E) the National Guard of a state. |
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61 | 61 | | [(4) "Temporary military duty" means the transfer of a |
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62 | 62 | | service member of the armed forces of this state or the United |
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63 | 63 | | States from one military base to a different location, usually |
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64 | 64 | | another base, for a limited time for training or to assist in the |
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65 | 65 | | performance of a noncombat mission.] |
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66 | 66 | | SECTION 2. Sections 153.702(a), (c), and (d), Family Code, |
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67 | 67 | | are amended to read as follows: |
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68 | 68 | | (a) If a conservator is ordered to military deployment[, |
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69 | 69 | | military mobilization,] or long-term military obligation |
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70 | 70 | | [temporary military duty] that involves moving a substantial |
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71 | 71 | | distance from the conservator's residence so as to materially |
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72 | 72 | | affect the conservator's ability to exercise the conservator's |
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73 | 73 | | rights and duties in relation to a child, either conservator may |
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74 | 74 | | file for an order under this subchapter without the necessity of |
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75 | 75 | | showing a material and substantial change of circumstances other |
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76 | 76 | | than the military deployment or obligation[, military |
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77 | 77 | | mobilization, or temporary military duty]. |
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78 | 78 | | (c) A temporary order rendered by the court under this |
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79 | 79 | | subchapter may grant rights to and impose duties regarding the |
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80 | 80 | | child on a designated person who has a close and substantial |
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81 | 81 | | relationship with [regarding] the child, except that if the |
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82 | 82 | | designated person is a nonparent, the court may not require the |
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83 | 83 | | designated person to pay child support. |
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84 | 84 | | (d) After a conservator's military deployment or long-term |
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85 | 85 | | military obligation has [, military mobilization, or temporary |
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86 | 86 | | military duty is] concluded[,] and the conservator returns to the |
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87 | 87 | | conservator's usual residence, the temporary orders under this |
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88 | 88 | | section terminate and the rights of all affected parties are |
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89 | 89 | | governed by the terms of any court order applicable when the |
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90 | 90 | | conservator is not ordered to military deployment or long-term |
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91 | 91 | | military obligation [, military mobilization, or temporary |
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92 | 92 | | military duty]. |
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93 | 93 | | SECTION 3. Section 153.703(a), Family Code, is amended to |
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94 | 94 | | read as follows: |
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95 | 95 | | (a) If the conservator with the exclusive right to designate |
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96 | 96 | | the primary residence of the child is ordered to military |
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97 | 97 | | deployment or long-term military obligation, [military |
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98 | 98 | | mobilization, or temporary military duty,] the court may render a |
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99 | 99 | | temporary order to appoint a designated person to exercise the |
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100 | 100 | | exclusive right to designate the primary residence of the child |
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101 | 101 | | during the military deployment or long-term military obligation [, |
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102 | 102 | | military mobilization, or temporary military duty] in the following |
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103 | 103 | | order of preference: |
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104 | 104 | | (1) the conservator who does not have the exclusive |
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105 | 105 | | right to designate the primary residence of the child; |
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106 | 106 | | (2) if it is shown by clear and convincing evidence |
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107 | 107 | | that appointing the conservator described by Subdivision (1) will |
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108 | 108 | | cause substantial harm to [is not in] the child's best interest, a |
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109 | 109 | | designated person who has a close and substantial relationship with |
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110 | 110 | | the child chosen by the conservator with the exclusive right to |
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111 | 111 | | designate the primary residence of the child; or |
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112 | 112 | | (3) if it is shown by clear and convincing evidence |
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113 | 113 | | that appointing the conservator described by Subdivision (1) or the |
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114 | 114 | | person chosen under Subdivision (2) is not in the child's best |
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115 | 115 | | interest, another person chosen by the court who has a close and |
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116 | 116 | | substantial relationship with the child. |
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117 | 117 | | SECTION 4. Section 153.705(a), Family Code, is amended to |
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118 | 118 | | read as follows: |
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119 | 119 | | (a) If the conservator without the exclusive right to |
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120 | 120 | | designate the primary residence of the child is ordered to military |
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121 | 121 | | deployment or long-term military obligation, [military |
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122 | 122 | | mobilization, or temporary military duty,] the court may award |
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123 | 123 | | visitation with the child to a designated person with whom the child |
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124 | 124 | | has a close and substantial relationship chosen by the conservator, |
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125 | 125 | | unless it is shown by clear and convincing evidence that [if] the |
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126 | 126 | | visitation is not in the best interest of the child. |
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127 | 127 | | SECTION 5. Subchapter L, Chapter 153, Family Code, is |
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128 | 128 | | amended by adding Sections 153.706 and 153.7065 to read as follows: |
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129 | 129 | | Sec. 153.706. TEMPORARY ORDER UNDER AGREEMENT. (a) A court |
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130 | 130 | | may render a temporary order under this section that is based on a |
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131 | 131 | | temporary mutual agreement entered into by the conservators of a |
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132 | 132 | | child granting a designated person who is a nonparent of the child |
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133 | 133 | | temporary conservatorship or visitation with the child during a |
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134 | 134 | | conservator's military deployment or long-term military |
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135 | 135 | | obligation. The agreement must: |
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136 | 136 | | (1) be in writing; |
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137 | 137 | | (2) be signed by both conservators and any designated |
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138 | 138 | | person to whom temporary conservatorship or visitation is granted; |
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139 | 139 | | and |
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140 | 140 | | (3) be notarized by a notary signing agent. |
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141 | 141 | | (b) An agreement under Subsection (a) may be executed in |
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142 | 142 | | counterparts, each of which shall be considered an original and all |
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143 | 143 | | of which collectively constitute one agreement. |
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144 | 144 | | (c) If the agreement does not include a termination date or |
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145 | 145 | | time, the agreement terminates on the 15th day after the date the |
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146 | 146 | | conservator ordered to military deployment or military obligation |
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147 | 147 | | gives notice on record to the other conservator and the designated |
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148 | 148 | | person of the date of the conservator's return from military |
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149 | 149 | | deployment or long-term military obligation, unless the |
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150 | 150 | | conservators agree to terminate the agreement before that date. |
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151 | 151 | | Sec. 153.7065. TERMS OF TEMPORARY ORDER. (a) Any temporary |
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152 | 152 | | order issued by the court under this subchapter must: |
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153 | 153 | | (1) designate the order as temporary; |
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154 | 154 | | (2) identify to the extent feasible the destination, |
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155 | 155 | | duration, and conditions of the military deployment or long-term |
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156 | 156 | | military obligation; |
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157 | 157 | | (3) specify the allocation of conservatorship or |
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158 | 158 | | visitation among the conservator ordered to military deployment or |
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159 | 159 | | military obligation, the other parent, and the designated person; |
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160 | 160 | | (4) provide a process for immediately resolving any |
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161 | 161 | | disputes arising from the order; |
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162 | 162 | | (5) provide for liberal communication between the |
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163 | 163 | | conservator ordered to military deployment or military obligation |
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164 | 164 | | and the child during the conservator's deployment or obligation, |
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165 | 165 | | including through electronic means, unless it is shown by clear and |
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166 | 166 | | convincing evidence that the contact would be harmful to the child, |
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167 | 167 | | and specify: |
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168 | 168 | | (A) any role to be played by the other |
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169 | 169 | | conservator or designated person in facilitating the |
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170 | 170 | | communication; and |
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171 | 171 | | (B) the allocation of any communication costs; |
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172 | 172 | | (6) provide for liberal contact between the |
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173 | 173 | | conservator ordered to military deployment or military obligation |
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174 | 174 | | and the child during the time the conservator is on leave from |
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175 | 175 | | deployment or obligation or is otherwise available, unless it is |
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176 | 176 | | shown by clear and convincing evidence that the contact would be |
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177 | 177 | | harmful to the child; |
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178 | 178 | | (7) provide for reasonable and substantial contact |
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179 | 179 | | between the conservator ordered to military deployment or military |
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180 | 180 | | obligation and the child on the conservator's return from military |
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181 | 181 | | deployment or long-term military obligation until the temporary |
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182 | 182 | | order is terminated, regardless of whether the time of contact |
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183 | 183 | | exceeds the time the conservator was entitled to have possession of |
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184 | 184 | | or access to the child before the temporary order was rendered; |
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185 | 185 | | (8) provide details of the temporary agreement's |
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186 | 186 | | termination to the extent feasible; |
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187 | 187 | | (9) clearly specify that any delegation of |
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188 | 188 | | conservatorship of the child is not a basis on which to determine |
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189 | 189 | | the outcome of any future modification regarding conservatorship of |
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190 | 190 | | the child by either party; and |
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191 | 191 | | (10) specify findings of fact and conclusions of law |
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192 | 192 | | to show the terms of the order were determined by the court to |
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193 | 193 | | protect the child from substantial harm. |
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194 | 194 | | (b) The court may limit or expand the rights of a designated |
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195 | 195 | | person named in a temporary order rendered under this subchapter as |
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196 | 196 | | appropriate to the best interest of the child. |
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197 | 197 | | (c) On the motion of a conservator ordered to military |
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198 | 198 | | deployment or military obligation, the other conservator, or any |
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199 | 199 | | designated person to whom conservatorship of or visitation with a |
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200 | 200 | | child has been delegated, the court may modify or terminate the |
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201 | 201 | | grant if the modification or termination is consistent with this |
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202 | 202 | | subchapter and in the best interest of the child. Any modification |
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203 | 203 | | is temporary and terminates on the date the conservator concludes |
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204 | 204 | | the conservator's military deployment or long-term military |
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205 | 205 | | obligation unless otherwise stated in a court order. |
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206 | 206 | | SECTION 6. Section 153.707, Family Code, is amended to read |
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207 | 207 | | as follows: |
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208 | 208 | | Sec. 153.707. EXPEDITED HEARING. (a) If [On] a [motion by |
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209 | 209 | | the] conservator [who] has been ordered to military deployment, |
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210 | 210 | | long-term military obligation [military mobilization], or |
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211 | 211 | | short-term military obligation and the conservator's military |
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212 | 212 | | duties have a material effect on the conservator's ability to |
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213 | 213 | | appear in person at any hearing in a suit affecting the parent-child |
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214 | 214 | | relationship, on a motion of any party or on the court's own motion, |
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215 | 215 | | or if a hearing is necessary before the military obligations begin |
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216 | 216 | | to determine if the modification is necessary to protect the best |
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217 | 217 | | interest of the child [temporary military duty], the court shall [, |
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218 | 218 | | for good cause shown,] hold an expedited hearing [if the court finds |
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219 | 219 | | that the conservator's military duties have a material effect on |
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220 | 220 | | the conservator's ability to appear in person at a regularly |
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221 | 221 | | scheduled hearing]. |
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222 | 222 | | (b) A hearing under this section shall, if possible, take |
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223 | 223 | | precedence over other suits affecting the parent-child |
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224 | 224 | | relationship not involving a conservator who has been ordered to |
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225 | 225 | | military deployment or military obligation [, military |
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226 | 226 | | mobilization, or temporary military duty]. |
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227 | 227 | | (c) On a motion by any party, the court shall, after |
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228 | 228 | | reasonable advance notice and for good cause shown, including |
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229 | 229 | | military obligation, permanent duty station assignment, or |
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230 | 230 | | financial hardship because of military obligation, allow a party to |
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231 | 231 | | present testimony of the party or witnesses and evidence by |
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232 | 232 | | electronic means, including by teleconference or through the |
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233 | 233 | | Internet. If the other party objects to that accommodation, the |
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234 | 234 | | other party has the burden of proof to show by clear and convincing |
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235 | 235 | | evidence that an in-person appearance is necessary. |
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236 | 236 | | SECTION 7. Section 153.708, Family Code, is amended to read |
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237 | 237 | | as follows: |
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238 | 238 | | Sec. 153.708. ENFORCEMENT. Temporary orders rendered under |
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239 | 239 | | this subchapter may be enforced by or against the designated person |
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240 | 240 | | to the same extent that an order would be enforced by or enforceable |
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241 | 241 | | against the conservator who has been ordered to military deployment |
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242 | 242 | | or military obligation [, military mobilization, or temporary |
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243 | 243 | | military duty]. |
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244 | 244 | | SECTION 8. Section 153.709, Family Code, is amended to read |
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245 | 245 | | as follows: |
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246 | 246 | | Sec. 153.709. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. |
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247 | 247 | | (a) Not later than the 90th day after the date a conservator |
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248 | 248 | | without the exclusive right to designate the primary residence of |
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249 | 249 | | the child who is a member of the armed services concludes the |
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250 | 250 | | conservator's military deployment or long-term military |
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251 | 251 | | obligation, [military mobilization, or temporary military duty,] |
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252 | 252 | | the conservator may petition the court to: |
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253 | 253 | | (1) compute the periods of possession of or access to |
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254 | 254 | | the child to which the conservator would have otherwise been |
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255 | 255 | | entitled during the conservator's deployment or long-term military |
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256 | 256 | | obligation; and |
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257 | 257 | | (2) award the conservator additional periods of |
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258 | 258 | | possession of or access to the child to compensate for the periods |
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259 | 259 | | described by Subdivision (1). |
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260 | 260 | | (b) If the conservator described by Subsection (a) |
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261 | 261 | | petitions the court under Subsection (a), the court: |
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262 | 262 | | (1) shall compute the periods of possession or access |
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263 | 263 | | to the child described by Subsection (a)(1); and |
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264 | 264 | | (2) may award to the conservator additional periods of |
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265 | 265 | | possession of or access to the child for a length of time and under |
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266 | 266 | | terms the court considers reasonable, if the court determines that: |
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267 | 267 | | (A) the conservator was on military deployment or |
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268 | 268 | | long-term military obligation, [military mobilization, or |
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269 | 269 | | temporary military duty] in a location where the access to the child |
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270 | 270 | | to which the conservator was entitled before the conservator's |
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271 | 271 | | deployment or mobilization was not reasonably possible; and |
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272 | 272 | | (B) the award of additional periods of possession |
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273 | 273 | | of or access to the child is not harmful to [in] the best interest of |
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274 | 274 | | the child. |
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275 | 275 | | (c) In making the determination under Subsection (b)(2), |
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276 | 276 | | the court: |
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277 | 277 | | (1) shall consider: |
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278 | 278 | | (A) the periods of possession of or access to the |
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279 | 279 | | child to which the conservator would otherwise have been entitled |
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280 | 280 | | during the conservator's military deployment or long-term military |
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281 | 281 | | obligation, [military mobilization, or temporary military duty,] |
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282 | 282 | | as computed under Subsection (b)(1); |
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283 | 283 | | (B) whether the court named a designated person |
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284 | 284 | | under Section 153.705 to exercise limited possession of the child |
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285 | 285 | | during the conservator's deployment or long-term military |
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286 | 286 | | obligation; and |
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287 | 287 | | (C) any other factor the court considers |
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288 | 288 | | appropriate; and |
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289 | 289 | | (2) is not required to award additional periods of |
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290 | 290 | | possession of or access to the child that equals the possession or |
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291 | 291 | | access to which the conservator would have been entitled during the |
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292 | 292 | | conservator's military deployment or long-term military |
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293 | 293 | | obligation, [military mobilization, or temporary military duty,] |
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294 | 294 | | as computed under Subsection (b)(1). |
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295 | 295 | | (d) After the conservator described by Subsection (a) has |
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296 | 296 | | exercised all additional periods of possession or access awarded |
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297 | 297 | | under this section, the rights of all affected parties are governed |
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298 | 298 | | by the terms of the court order applicable when the conservator is |
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299 | 299 | | not ordered to military deployment or long-term military |
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300 | 300 | | obligation[, military mobilization, or temporary military duty]. |
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301 | 301 | | SECTION 9. Subchapter L, Chapter 153, Family Code, is |
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302 | 302 | | amended by adding Sections 153.710, 153.711, 153.712, 153.713, |
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303 | 303 | | 153.714, 153.715, and 153.716 to read as follows: |
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304 | 304 | | Sec. 153.710. PROHIBITION AGAINST DISCRIMINATION BASED ON |
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305 | 305 | | MILITARY DUTY. In determining issues of conservatorship or |
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306 | 306 | | possession of or access to a child, the court: |
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307 | 307 | | (1) may not consider a conservator's past or possible |
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308 | 308 | | future military deployment or military obligation as a determining |
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309 | 309 | | factor in determining the best interest of the child; and |
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310 | 310 | | (2) may consider any substantial harm caused by the |
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311 | 311 | | conservator's past or possible future military deployment or |
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312 | 312 | | military obligation shown by clear and convincing evidence directly |
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313 | 313 | | related to the conservatorship or possession of the child during |
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314 | 314 | | those periods of deployment or obligation. |
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315 | 315 | | Sec. 153.711. REQUIRED NOTIFICATION BY CONSERVATOR ORDERED |
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316 | 316 | | TO MILITARY DUTY. (a) Subject to Subsection (b), a conservator who |
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317 | 317 | | is ordered to military deployment, long-term military obligation, |
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318 | 318 | | or short-term military obligation lasting more than 48 hours shall |
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319 | 319 | | notify the other conservator not later than the seventh day after |
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320 | 320 | | the date the conservator receives notice of the deployment or |
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321 | 321 | | obligation unless reasonably prevented from doing so by the |
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322 | 322 | | circumstances of the conservator's deployment or obligation. If |
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323 | 323 | | the circumstances of the conservator's deployment or obligation |
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324 | 324 | | prevent the conservator from giving notification within that |
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325 | 325 | | period, the conservator shall give the notification as soon as |
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326 | 326 | | reasonably possible. |
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327 | 327 | | (b) If a court order currently in effect prohibits |
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328 | 328 | | disclosure of the address or contact information of the conservator |
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329 | 329 | | to whom notification must be given under Subsection (a), |
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330 | 330 | | notification may be made to the court with continuing jurisdiction |
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331 | 331 | | over the child. If the address of the conservator to whom |
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332 | 332 | | notification must be given under Subsection (a) is available to the |
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333 | 333 | | court, the court shall mail the notification to that conservator. |
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334 | 334 | | The court shall keep confidential the address or contact |
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335 | 335 | | information of the conservator receiving notification. |
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336 | 336 | | (c) In a proceeding regarding possession of or access to a |
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337 | 337 | | child, a court may consider the reasonableness of a conservator's |
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338 | 338 | | efforts to comply with this section. |
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339 | 339 | | Sec. 153.712. JURISDICTION. (a) If a court has issued a |
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340 | 340 | | temporary order regarding conservatorship or possession of a child |
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341 | 341 | | during a conservator's military deployment or long-term military |
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342 | 342 | | obligation, the residence of the conservator ordered to deployment |
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343 | 343 | | or obligation is not changed by reason of the deployment or |
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344 | 344 | | obligation for purposes of Chapter 152 during the deployment or |
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345 | 345 | | obligation. |
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346 | 346 | | (b) If a court has issued a permanent order regarding |
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347 | 347 | | conservatorship or possession of a child before notice of a |
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348 | 348 | | conservator's military deployment or long-term military obligation |
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349 | 349 | | and the conservators modify that order temporarily by mutual |
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350 | 350 | | agreement, the residence of the conservator ordered to deployment |
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351 | 351 | | or obligation is not changed by reason of the deployment or |
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352 | 352 | | obligation for purposes of Chapter 152. |
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353 | 353 | | (c) If a court in another state has issued a permanent order |
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354 | 354 | | regarding conservatorship or possession of a child or a temporary |
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355 | 355 | | order regarding conservatorship or possession of the child as the |
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356 | 356 | | result of a conservator's impending or current military deployment |
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357 | 357 | | or long-term military obligation, the residence of the conservator |
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358 | 358 | | ordered to deployment or obligation is not changed by reason of the |
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359 | 359 | | deployment or obligation for purposes of Chapter 152. |
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360 | 360 | | (d) If no state has issued any type of order regarding |
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361 | 361 | | conservatorship or possession of the child, this state may not |
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362 | 362 | | assume jurisdiction if the child's residence was not located in |
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363 | 363 | | this state before the start of the conservator's military |
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364 | 364 | | deployment or long-term military obligation and: |
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365 | 365 | | (1) the conservator is on military deployment or |
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366 | 366 | | fulfilling a long-term military obligation; or |
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367 | 367 | | (2) the conservator has directly returned from |
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368 | 368 | | military deployment or long-term military obligation to the same |
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369 | 369 | | residence the conservator resided in before military deployment or |
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370 | 370 | | long-term military obligation within the last 60 days. |
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371 | 371 | | (e) This section does not prevent a court from exercising |
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372 | 372 | | temporary emergency jurisdiction under Chapter 152. |
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373 | 373 | | Sec. 153.713. PERMANENT ORDERS. (a) On a motion of a |
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374 | 374 | | conservator who is ordered to short-term military obligation on a |
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375 | 375 | | regular basis, if it is in the best interest of the child, a court |
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376 | 376 | | may grant standing intermittent conservatorship and possession of |
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377 | 377 | | the child to a designated person who is an adult family member of |
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378 | 378 | | the child or an adult with whom the child has a close and |
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379 | 379 | | substantial relationship. |
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380 | 380 | | (b) A grant of conservatorship or possession of a child to a |
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381 | 381 | | designated person under this section may include: |
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382 | 382 | | (1) the designated person receiving the amount of time |
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383 | 383 | | or in a capacity that the conservator ordered to short-term |
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384 | 384 | | military obligation would be entitled but for the conservator's |
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385 | 385 | | obligation; or |
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386 | 386 | | (2) the designated person receiving a specified |
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387 | 387 | | portion of the amount of time or in a capacity that the conservator |
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388 | 388 | | ordered to short-term military obligation would be entitled but for |
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389 | 389 | | the conservator's obligation. |
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390 | 390 | | (c) If a court grants conservatorship or possession of a |
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391 | 391 | | child to a designated person under this section, the court shall |
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392 | 392 | | specify the standing intermittent conservatorship rights, duties, |
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393 | 393 | | and periods of possession during periods of short-term military |
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394 | 394 | | obligation. |
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395 | 395 | | (d) A permanent possession order rendered under this |
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396 | 396 | | section must include: |
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397 | 397 | | (1) provisions pertaining to conservatorship and |
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398 | 398 | | possession of the child during short-term military obligation; and |
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399 | 399 | | (2) the findings of fact and conclusions of law |
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400 | 400 | | described by Section 153.714. |
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401 | 401 | | (e) Except as otherwise provided and consistent with the |
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402 | 402 | | Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.), |
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403 | 403 | | on motion of a conservator ordered to military deployment or |
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404 | 404 | | military obligation, the other conservator, or any designated |
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405 | 405 | | person to whom standing intermittent conservatorship or possession |
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406 | 406 | | has been granted, the court may modify or terminate the grant if the |
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407 | 407 | | court finds that the modification or termination is in the best |
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408 | 408 | | interest of the child. |
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409 | 409 | | Sec. 153.714. FINDINGS OF FACTS AND CONCLUSIONS OF LAW. A |
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410 | 410 | | court shall include in any temporary or permanent order rendered by |
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411 | 411 | | the court under this subchapter specific findings of fact and |
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412 | 412 | | conclusions of law to show that the conservator's rights, duties, |
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413 | 413 | | and periods of possession were determined by the court to best |
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414 | 414 | | protect the child from substantial harm. |
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415 | 415 | | Sec. 153.715. SPECIAL BEST INTEREST STANDARDS. (a) It is a |
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416 | 416 | | rebuttable presumption that the following are in the child's best |
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417 | 417 | | interest: |
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418 | 418 | | (1) maintaining a relationship with the family of a |
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419 | 419 | | conservator ordered to military deployment or military obligation |
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420 | 420 | | by way of electronic communications or face-to-face contact; and |
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421 | 421 | | (2) having frequent, routine, and consistent contact |
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422 | 422 | | with a conservator ordered to military deployment or military |
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423 | 423 | | obligation and the conservator's family by any means available to |
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424 | 424 | | the child, the conservator, and family members, including |
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425 | 425 | | electronic means and in-person contact. |
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426 | 426 | | (b) The presumption under Subsection (a) may be overcome if |
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427 | 427 | | the objecting party shows by clear and convincing evidence that |
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428 | 428 | | maintaining the relationships or providing for contact as described |
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429 | 429 | | by that subsection would cause substantial harm to the child. |
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430 | 430 | | Sec. 153.716. LIMITED SCOPE MODIFICATIONS. A change in |
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431 | 431 | | marital status of a conservator ordered to military deployment or |
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432 | 432 | | military obligation or the death or illness of a designated person |
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433 | 433 | | with a grant of conservatorship or possession of a child is |
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434 | 434 | | considered a change in circumstance sufficient to justify a |
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435 | 435 | | modification of an order providing for conservatorship or |
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436 | 436 | | possession only in relation to the periods of military deployment |
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437 | 437 | | or military obligation. |
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438 | 438 | | SECTION 10. Section 156.006(c), Family Code, is amended to |
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439 | 439 | | read as follows: |
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440 | 440 | | (c) Subsection (b)(2) does not apply to a conservator who |
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441 | 441 | | has the exclusive right to designate the primary residence of the |
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442 | 442 | | child and who has temporarily relinquished the primary care and |
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443 | 443 | | possession of the child to another person during the conservator's |
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444 | 444 | | military deployment or[,] military obligation [mobilization, or |
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445 | 445 | | temporary military duty], as those terms are defined by Section |
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446 | 446 | | 153.701. |
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447 | 447 | | SECTION 11. Section 156.101(b), Family Code, is amended to |
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448 | 448 | | read as follows: |
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449 | 449 | | (b) Subsection (a)(3) does not apply to a conservator who |
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450 | 450 | | has the exclusive right to designate the primary residence of the |
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451 | 451 | | child and who has temporarily relinquished the primary care and |
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452 | 452 | | possession of the child to another person during the conservator's |
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453 | 453 | | military deployment or[,] military obligation [mobilization, or |
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454 | 454 | | temporary military duty], as those terms are defined by Section |
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455 | 455 | | 153.701. |
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456 | 456 | | SECTION 12. Section 156.102(d), Family Code, is amended to |
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457 | 457 | | read as follows: |
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458 | 458 | | (d) Subsection (b)(3) does not apply to a person who has the |
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459 | 459 | | exclusive right to designate the primary residence of the child and |
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460 | 460 | | who has temporarily relinquished the primary care and possession of |
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461 | 461 | | the child to another person during the conservator's military |
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462 | 462 | | deployment or[,] military obligation [mobilization, or temporary |
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463 | 463 | | military duty], as those terms are defined by Section 153.701. |
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464 | 464 | | SECTION 13. Section 156.105, Family Code, is amended to |
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465 | 465 | | read as follows: |
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466 | 466 | | Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY DUTY. |
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467 | 467 | | The military duty of a conservator who is ordered to military |
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468 | 468 | | deployment or[,] military obligation [mobilization, or temporary |
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469 | 469 | | military duty], as those terms are defined by Section 153.701, does |
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470 | 470 | | not by itself constitute a material and substantial change of |
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471 | 471 | | circumstances sufficient to justify a modification of an existing |
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472 | 472 | | court order or portion of a decree that sets the terms and |
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473 | 473 | | conditions for the possession of or access to a child except that |
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474 | 474 | | the court may render a temporary order under Subchapter L, Chapter |
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475 | 475 | | 153. |
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476 | 476 | | SECTION 14. The following provisions of the Family Code are |
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477 | 477 | | repealed: |
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478 | 478 | | (1) Sections 153.704(c) and (d); and |
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479 | 479 | | (2) Sections 153.705(b) and (c). |
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480 | 480 | | SECTION 15. (a) Sections 153.702, 153.703, 153.704, and |
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481 | 481 | | 153.705, Family Code, as amended by this Act, and Section 153.7065, |
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482 | 482 | | Family Code, as added by this Act, apply only to an application for |
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483 | 483 | | a temporary order filed on or after the effective date of this Act. |
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484 | 484 | | An application for a temporary order filed before the effective |
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485 | 485 | | date of this Act is governed by the law in effect on the date the |
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486 | 486 | | application is filed, and the former law is continued in effect for |
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487 | 487 | | that purpose. |
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488 | 488 | | (b) Section 153.706, Family Code, as added by this Act, |
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489 | 489 | | applies only to a temporary order based on an agreement filed with |
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490 | 490 | | the court on or after the effective date of this Act. |
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491 | 491 | | (c) Section 153.707, Family Code, as amended by this Act, |
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492 | 492 | | applies only to a motion made on or after the effective date of this |
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493 | 493 | | Act. |
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494 | 494 | | (d) Section 153.709, Family Code, as amended by this Act, |
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495 | 495 | | applies to a petition by a conservator submitted to the court on or |
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496 | 496 | | after the effective date of this Act. A petition submitted to the |
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497 | 497 | | court before the effective date of this Act is governed by the law |
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498 | 498 | | in effect on the date the petition was submitted, and the former law |
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499 | 499 | | is continued in effect for that purpose. |
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500 | 500 | | (e) Section 153.710, Family Code, as added by this Act, |
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501 | 501 | | applies only to an order granting conservatorship of or possession |
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502 | 502 | | of or access to a child rendered on or after the effective date of |
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503 | 503 | | this Act. |
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504 | 504 | | (f) Section 153.711, Family Code, as added by this Act, |
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505 | 505 | | applies only to a conservator who receives notice of the |
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506 | 506 | | conservator's pending military deployment, long-term military |
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507 | 507 | | obligation, or short-term military obligation on or after the |
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508 | 508 | | effective date of this Act. |
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509 | 509 | | (g) Sections 153.712, 153.714, and 153.715, Family Code, as |
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510 | 510 | | added by this Act, apply only to a temporary or permanent order |
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511 | 511 | | rendered on or after the effective date of this Act. An order |
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512 | 512 | | rendered before the effective date of this Act is governed by the |
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513 | 513 | | law in effect on the date the order was rendered, and the former law |
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514 | 514 | | is continued in effect for that purpose. |
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515 | 515 | | (h) Section 153.713, Family Code, as added by this Act, |
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516 | 516 | | applies only to an order for which a motion is filed on or after the |
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517 | 517 | | effective date of this Act. |
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518 | 518 | | (i) Section 153.716, Family Code, as added by this Act, |
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519 | 519 | | applies only to a suit for modification pending before a trial court |
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520 | 520 | | on or filed on or after the effective date of this Act. |
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521 | 521 | | SECTION 16. This Act takes effect September 1, 2019. |
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