Tex. Fam. Code § 153.709 · Subchapter L. MILITARY DUTY
ADDITIONAL PERIODS OF POSSESSION OR ACCESS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 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.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Text hash
- sha256 43da713625a1bbb3649be93c4a94b2edc12c7963495cda8e791ea4106134b51c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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