If a possessory conservator lives within 50 miles of the child’s primary residence, the court must change the standard possession order to give that conservator possession as if the alternative beginning and ending times had been chosen, unless a stated exception applies.
Sec. 153.3171. BEGINNING AND ENDING POSSESSION TIMES FOR PARENTS WHO RESIDE 50 MILES OR LESS APART. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 967 (S.B. 1936), Sec. 1 (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 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). Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. 896 (H.B. 3203), Sec. 2 (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 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), and (8). (b) Subsection (a) does not apply if: (1) the possessory conservator declines one or more of the alternative beginning and ending possession times under Subsection (a) in a written document filed with the court or through an oral statement made in open court on the record; (2) the court is denying, restricting, or limiting the possessory conservator's possession of or access to the child in the best interest of the child under Section 153.004; or (3) the court finds that one or more of the alternative beginning and ending possession times under Subsection (a) are not in the best interest of the child, including: (A) because the distances between residences make the possession schedule described by Subsection (a) unworkable or inappropriate considering the circumstances of the parties or the area in which the parties reside; (B) because before the filing of the suit, the possessory conservator did not frequently and continuously exercise the rights and duties of a parent with respect to the child; or (C) for any other reason the court considers relevant. (c) On the request of a party, the court shall make findings of fact and conclusions of law regarding the order under this section. Added by Acts 2021, 87th Leg., R.S., Ch. 896 (H.B. 3203), Sec. 2, eff. September 1, 2021. Added by Acts 2021, 87th Leg., R.S., Ch. 967 (S.B. 1936), Sec. 1, eff. September 1, 2021. SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR