Tex. Fam. Code Section 153.709
Additional Periods of Possession or Access


(a)

Not later than the 90th day after the date a conservator without the exclusive right to designate the primary residence of the child who is a member of the armed services concludes the conservator’s military deployment, military mobilization, or temporary military duty, the conservator may petition the court to:

(1)

compute the periods of possession of or access to the child to which the conservator would have otherwise been entitled during the conservator’s deployment; and

(2)

award the conservator additional periods of possession of or access to the child to compensate for the periods described by Subdivision (1).

(b)

If the conservator described by Subsection (a) petitions the court under Subsection (a), the court:

(1)

shall compute the periods of possession or access to the child described by Subsection (a)(1); and

(2)

may award to the conservator additional periods of possession of or access to the child for a length of time and under terms the court considers reasonable, if the court determines that:

(A)

the conservator was on military deployment, military mobilization, or temporary military duty in a location where access to the child was not reasonably possible; and

(B)

the award of additional periods of possession of or access to the child is in the best interest of the child.

(c)

In making the determination under Subsection (b)(2), the court:

(1)

shall consider:

(A)

the periods of possession of or access to the child to which the conservator would otherwise have been entitled during the conservator’s military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1);

(B)

whether the court named a designated person under Section 153.705 (Appointing Designated Person to Exercise Visitation for Conservator Without Exclusive Right to Designate Primary Residence of Child) to exercise limited possession of the child during the conservator’s deployment; and

(C)

any other factor the court considers appropriate; and

(2)

is not required to award additional periods of possession of or access to the child that equals the possession or access to which the conservator would have been entitled during the conservator’s military deployment, military mobilization, or temporary military duty, as computed under Subsection (b)(1).

(d)

After the conservator described by Subsection (a) has exercised all additional periods of possession or access awarded under this section, the rights of all affected parties are governed by the terms of the court order applicable when the conservator is not ordered to military deployment, military mobilization, or temporary military duty.
Added by Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 25, eff. September 1, 2009.

Source: Section 153.709 — Additional Periods of Possession or Access, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­153.­htm#153.­709 (accessed Mar. 23, 2024).

153.001
Public Policy
153.002
Best Interest of Child
153.003
No Discrimination Based on Sex or Marital Status
153.004
History of Domestic Violence or Sexual Abuse
153.005
Appointment of Sole or Joint Managing Conservator
153.006
Appointment of Possessory Conservator
153.007
Agreed Parenting Plan
153.009
Interview of Child in Chambers
153.010
Order for Family Counseling
153.011
Security Bond
153.012
Right to Privacy
153.013
False Report of Child Abuse
153.014
Visitation Centers and Visitation Exchange Facilities
153.015
Electronic Communication with Child by Conservator
153.0071
Alternate Dispute Resolution Procedures
153.071
Court to Specify Rights and Duties of Parent Appointed a Conservator
153.072
Written Finding Required to Limit Parental Rights and Duties
153.073
Rights of Parent at All Times
153.074
Rights and Duties During Period of Possession
153.075
Duties of Parent Not Appointed Conservator
153.076
Duty to Provide Information
153.131
Presumption that Parent to Be Appointed Managing Conservator
153.132
Rights and Duties of Parent Appointed Sole Managing Conservator
153.133
Parenting Plan for Joint Managing Conservatorship
153.134
Court-ordered Joint Conservatorship
153.135
Equal Possession Not Required
153.138
Child Support Order Affecting Joint Conservators
153.191
Presumption that Parent to Be Appointed Possessory Conservator
153.192
Rights and Duties of Parent Appointed Possessory Conservator
153.193
Minimal Restriction on Parent’s Possession or Access
153.251
Policy and General Application of Guidelines
153.252
Rebuttable Presumption
153.253
Standard Possession Order Inappropriate or Unworkable
153.254
Child Less than Three Years of Age
153.255
Agreement
153.256
Factors for Court to Consider
153.257
Means of Travel
153.258
Request for Findings When Order Varies from Standard Order
153.311
Mutual Agreement or Specified Terms for Possession
153.314
Holiday Possession Unaffected by Distance Parents Reside Apart
153.315
Weekend Possession Extended by Holiday
153.316
General Terms and Conditions
153.317
Alternative Beginning and Ending Possession Times
153.371
Rights and Duties of Nonparent Appointed as Sole Managing Conservator
153.372
Nonparent Appointed as Joint Managing Conservator
153.373
Voluntary Surrender of Possession Rebuts Parental Presumption
153.374
Designation of Managing Conservator in Affidavit of Relinquishment
153.375
Annual Report by Nonparent Managing Conservator
153.376
Rights and Duties of Nonparent Possessory Conservator
153.377
Access to Child’s Records
153.431
Appointment of Grandparent, Aunt, or Uncle as Managing Conservator
153.432
Suit for Possession or Access by Grandparent
153.433
Possession of or Access to Grandchild
153.434
Limitation on Right to Request Possession or Access
153.501
Necessity of Measures to Prevent International Parental Child Abduction
153.502
Abduction Risk Factors
153.503
Abduction Prevention Measures
153.551
Suit for Access
153.601
Definitions
153.602
Parenting Plan Not Required in Temporary Order
153.603
Requirement of Parenting Plan in Final Order
153.605
Appointment of Parenting Coordinator
153.606
Duties of Parenting Coordinator
153.607
Presumption of Good Faith
153.608
Report of Parenting Coordinator
153.609
Compensation of Parenting Coordinator
153.610
Qualifications of Parenting Coordinator
153.611
Exception for Certain Title Iv-d Proceedings
153.701
Definitions
153.702
Temporary Orders
153.703
Appointing Designated Person for Conservator with Exclusive Right to Designate Primary Residence of Child
153.704
Appointing Designated Person to Exercise Visitation for Conservator with Exclusive Right to Designate Primary Residence of Child in Certain Circumstances
153.705
Appointing Designated Person to Exercise Visitation for Conservator Without Exclusive Right to Designate Primary Residence of Child
153.707
Expedited Hearing
153.708
Enforcement
153.709
Additional Periods of Possession or Access
153.00715
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate
153.3721
Access to Certain Records by Nonparent Joint Managing Conservator
153.6031
Exception to Dispute Resolution Process Requirement
153.6051
Appointment of Parenting Facilitator
153.6061
Duties of Parenting Facilitator
153.6071
Presumption of Good Faith
153.6081
Report of Parenting Facilitator
153.6082
Report of Joint Proposal or Statement of Intent
153.6083
Communications and Recordkeeping of Parenting Facilitator
153.6091
Compensation of Parenting Facilitator
153.6101
Qualifications of Parenting Facilitator
153.6102
Parenting Facilitator

Accessed:
Mar. 23, 2024

§ 153.709’s source at texas​.gov