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A BILL TO BE ENTITLED
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AN ACT
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relating to orders for possession of and access to a child in a suit |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.253, Family Code, is amended to read |
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as follows: |
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Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR |
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UNWORKABLE. The court shall render an order that grants periods of |
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possession of the child as similar as possible to those provided by |
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the standard possession order if the work schedule or other special |
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circumstances of the managing conservator, the possessory |
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conservator, or the child, or the year-round school schedule of the |
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child, make the standard possession order unworkable or |
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inappropriate. |
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SECTION 2. Section 153.254, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (b) and (c) to read |
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as follows: |
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(a) The court shall render an order appropriate under the |
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circumstances for possession of a child less than three years of |
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age. In rendering the order, the court shall consider evidence of |
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all relevant factors, including: |
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(1) the preexisting parent-child relationship, |
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including whether there has been minimal or inconsistent contact |
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with the child and the child's siblings, if applicable [caregiving |
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provided to the child before and during the current suit]; |
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(2) [the effect on the child that may result from |
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separation from either party; |
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[(3)] the personal availability of the parties as |
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caregivers [and the willingness of the parties to personally care |
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for the child]; |
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(3) [(4)] the present and immediate physical, |
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medical, behavioral, or [and] developmental needs of the child; |
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(4) any [(5) the] physical, medical, behavioral |
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[emotional], economic, or [and] social conditions of the parties; |
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(5) [(6)] the impact and influence of each individual |
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residing in a residence with a party to the suit or having |
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considerable interaction with the child [individuals, other than |
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the parties, who will be present] during a party's periods of |
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possession; |
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(6) the present and proposed environments in which |
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possession and access has occurred or is to occur; |
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(7) the presence or absence of siblings during periods |
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of possession; |
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(8) the child's need to develop healthy attachments to |
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each party, if possible [both parents]; |
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(9) the child's need for continuity of routine; |
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(10) the location and proximity of the residences of |
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the parties; |
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(11) the need for a graduated [temporary] possession |
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schedule when there has been [that incrementally shifts to the |
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schedule provided in the prospective order under Subsection (d) |
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based on: |
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[(A) the age of the child; or |
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[(B)] minimal or inconsistent contact with the |
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child [by a party]; |
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(12) the ability of the parties to share in the |
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responsibilities, rights, and duties of caring for the child |
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[parenting]; and |
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(13) any other issue consistent with [evidence of] the |
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best interest of the child, taking into consideration the |
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circumstances of the parties. |
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(b) The court shall render an order for periods of |
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possession of a child less than three years of age based on the |
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agreement of the parties, unless the court determines the agreement |
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is not in the best interest of the child. |
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(c) Section 153.258 applies to an order rendered under this |
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section. |
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SECTION 3. The heading to Section 153.258, Family Code, is |
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amended to read as follows: |
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Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM |
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STANDARD POSSESSION ORDER. |
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SECTION 4. Section 153.258(a), Family Code, is amended to |
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read as follows: |
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(a) In all cases in which possession of a child by a parent |
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is contested and the possession of the child varies from the |
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standard possession order, including a possession order for a child |
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under three years of age, on request by a party, the court shall |
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state in writing the specific reasons for the variance from the |
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standard possession order. |
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SECTION 5. The changes in law made by this Act to Section |
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153.254, Family Code, apply only to a suit affecting the |
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parent-child relationship that is filed on or after the effective |
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date of this Act. A suit filed before the effective date of this Act |
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is governed by the law in effect on the date the suit is filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |