Custody Lawyer > Child Custody > Certain Circumstances

Sec. 153.704. APPOINTING DESIGNATED PERSON TO EXERCISE VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF children IN CERTAIN CIRCUMSTANCES. (a) If the court appoints the conservator without the exclusive right to designate the primary residence of the children under Section 153.703(a)(1), the court may award visitation with the children to a designated person chosen by the conservator with the exclusive right to designate the primary residence of the children.

(b) The periods of visitation shall be the same as the visitation to which the conservator without the exclusive right to designate the primary residence of the children was entitled under the court order in effect immediately before the date the temporary order is rendered.

(c) The temporary order for visitation must provide that:

(1) the designated person under this section has the right to possession of the children for the periods and in the manner in which the conservator without the exclusive right to designate the primary residence of the children is entitled under the court order in effect immediately before the date the temporary order is rendered;

(2) the children’s other conservator and the designated person under this section are subject to the requirements of Section 153.316, with the designated person considered for purposes of that section to be the possessory conservator;

(3) the designated person under this section has the rights and duties of a nonparent possessory conservator under Section 153.376(a) during the period that the person has possession of the children; and

(4) the designated person under this section is subject to any provision in a court order restricting or prohibiting access to the children by any specified individual.

(d) The court may limit or expand the rights of a nonparent designated person named in a temporary order rendered under this section as appropriate to the best interest of the children.

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