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Texas Family Code - FAM § 153.010. Order for Family Counseling

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Subject to Subsections (c) and (d), if the court finds at the time of a hearing that the parties have a history of conflict in resolving an issue of conservatorship or possession of or access to the child, the court may order a party to:

(1) participate in counseling with a mental health professional who:

(A) has a background in family therapy;

(B) has a mental health license that requires as a minimum a master's degree;  and

(C) has training in the dynamics of family violence if the court determines that the training is relevant to the type of counseling needed;  and

(2) pay the cost of counseling.

(b) If a person possessing the requirements of Subsection (a)(1) is not available in the county in which the court presides, the court may appoint a person the court believes is qualified to conduct the counseling ordered under Subsection (a).

(c) In determining whether to order a party to participate in counseling under Subsection (a), the court shall consider evidence of family violence or sexual abuse in accordance with Section 153.004.  If credible evidence of family violence or sexual abuse is presented, the court may not order:

(1) counseling in which a victim of the violence or abuse participates in counseling sessions together with the perpetrator of the violence or abuse;  or

(2) a party who is a victim of the violence or abuse to pay any of the cost of the counseling.

(d) A court may not order a party to participate in counseling under Subsection (a) in which the person conducting the counseling requires:

(1) the isolation of a child who is the subject of the suit from the child's family, school, religious community, other community, or other sources of support, including by prohibiting or preventing the child from contacting a parent or other family member;

(2) a child who is the subject of the suit to stay overnight or for multiple days in an out-of-state location or other location, regardless of whether the child is accompanied by a parent or other family member;

(3) the transportation of a child who is the subject of the suit to a location by force, threat of force, undue coercion, or other action that places the child's safety at risk;

(4) a temporary or permanent change in the periods of possession of or access to a child who is the subject of the suit to which a conservator of the child would otherwise be entitled;  or

(5) the use of force, threat of force, undue coercion, or verbal abuse against a child who is the subject of the suit.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 153.010. Order for Family Counseling - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-153-010/

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