By Goodman H.B. No. 597
77R1242 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the designation of the person having the exclusive
1-3 right to determine the primary residence of a child and the child's
1-4 preferences in relation to that designation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 105.002(c), Family Code, is amended to
1-7 read as follows:
1-8 (c) In a jury trial:
1-9 (1) a party is entitled to a verdict by the jury on
1-10 the issues of:
1-11 (A) the appointment of a managing conservator;
1-12 (B) the appointment of joint managing
1-13 conservators;
1-14 (C) the appointment of a possessory conservator;
1-15 and
1-16 (D) the designation [determination] of the
1-17 person who shall have the exclusive right to determine the primary
1-18 residence of the child;
1-19 (2) a party is not entitled to a jury verdict on the
1-20 issues of:
1-21 (A) child support;
1-22 (B) a specific term or condition of possession
1-23 of or access to the child; or
1-24 (C) any right or duty of a [possessory or
2-1 managing] conservator, other than the designation of the person who
2-2 may determine the [issue of] primary residence determined under
2-3 Subdivision (1)(D); and
2-4 (3) the court may submit to the jury an issue
2-5 described by Subdivision (2).
2-6 SECTION 2. Section 153.008, Family Code, is amended to read
2-7 as follows:
2-8 Sec. 153.008. CHILD'S PREFERENCE FOR [CHOICE OF] MANAGING
2-9 CONSERVATOR. A [If the] child [is] 10 years of age or older[, the
2-10 child] may, in [, by] writing, file [filed] with the court the name
2-11 of the sole or joint[, choose the] managing conservator the child
2-12 prefers to have the exclusive right to determine the primary
2-13 residence of the child, subject to the approval of the court.
2-14 SECTION 3. Section 153.134(a), Family Code, is amended to
2-15 read as follows:
2-16 (a) If a written agreement of the parents is not filed with
2-17 the court, the court may render an order appointing the parents
2-18 joint managing conservators only if the appointment is in the best
2-19 interest of the child, considering the following factors:
2-20 (1) whether the physical, psychological, or emotional
2-21 needs and development of the child will benefit from the
2-22 appointment of joint managing conservators;
2-23 (2) the ability of the parents to give first priority
2-24 to the welfare of the child and reach shared decisions in the
2-25 child's best interest;
2-26 (3) whether each parent can encourage and accept a
2-27 positive relationship between the child and the other parent;
3-1 (4) whether both parents participated in child rearing
3-2 before the filing of the suit;
3-3 (5) the geographical proximity of the parents'
3-4 residences;
3-5 (6) if the child is 10 [12] years of age or older, the
3-6 child's preference, if any, regarding who is to have the exclusive
3-7 right to determine the primary residence of the child [the
3-8 appointment of joint managing conservators]; and
3-9 (7) any other relevant factor.
3-10 SECTION 4. Section 153.136, Family Code, is amended to read
3-11 as follows:
3-12 Sec. 153.136. COURT DESIGNATION OF PRIMARY PHYSICAL
3-13 RESIDENCE. If joint managing conservatorship is ordered, the best
3-14 interest of the child ordinarily requires the court to designate
3-15 the joint managing conservator who has the exclusive right to
3-16 determine the [a] primary physical residence of [for] the child.
3-17 SECTION 5. Section 153.137, Family Code, is amended to read
3-18 as follows:
3-19 Sec. 153.137. GUIDELINES FOR THE POSSESSION OF CHILD BY
3-20 PARENT NAMED AS JOINT MANAGING CONSERVATOR. The standard possession
3-21 order provided by Subchapter F constitutes a presumptive minimum
3-22 amount of time for possession of a child by a parent named as a
3-23 joint managing conservator who is not awarded the exclusive right
3-24 to determine the primary [physical] residence of the child in a
3-25 suit.
3-26 SECTION 6. This Act takes effect September 1, 2001, and
3-27 applies to a suit affecting the parent-child relationship pending
4-1 on that date or filed on or after that date.