CJ S.B. 947 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES S.B. 947 By: Patterson(Pitts) 5-8-97 Committee Report (Amended) BACKGROUND Currently, when a parent is given custody of a child in a divorce proceeding, no finding is made as to which parent would be more likely to encourage the parent-child relationship. This bill will require the court to consider which parent would be more likely to allow the child frequent and continuing contact with the other parent and to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent when making certain decisions. PURPOSE As proposed, S.B. 947 requires the court to consider which parent would be more likely to allow the child frequent and continuing contact with the other parent and to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 153.136, Family Code, to require the court, if the court designates a primary physical residence for a child, to consider the best interest of the child including the needs, parental ability, mutual parental support, parental participation in child rearing, physical proximity of the two residences, child's preference, if 12 or over, parental facilitation of joint custody and any other relevant factor. SECTION 2. Effective date: September 1, 1997. Makes application of this Act prospective. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS In SECTION 1 of the bill: The amendment deletes subsection (b)(1) of Sec. 153.136, Family Code. It also changes the age of a child from 12 years of age to 10 years of age in Sec. 153.136(b)(6), Family Code.