79R9379 KSD-D
By: Talton H.B. No. 3388
A BILL TO BE ENTITLED
AN ACT
relating to court-ordered possession of or access to a child by the
child's grandparent, aunt, or uncle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.004(c), Family Code, is amended to
read as follows:
(c) Possession of or access [Access] to a child by a
grandparent is governed by the standards established by Chapter
153.
SECTION 2. Chapter 102, Family Code, is amended by adding
Section 102.0041 to read as follows:
Sec. 102.0041. STANDING FOR AUNT OR UNCLE. (a) In addition
to the general standing to file suit provided by Section
102.003(13), an aunt or uncle of a child may file an original suit
requesting managing conservatorship if there is satisfactory proof
to the court that:
(1) the order requested is necessary because the
child's present environment presents a serious question concerning
the child's physical health or welfare; or
(2) both parents, the surviving parent, or the
managing conservator or custodian either filed the petition or
consented to the suit.
(b) Possession of or access to a child by an aunt or uncle of
the child is governed by the standards established by Subchapter H,
Chapter 153.
SECTION 3. Subchapter H, Chapter 153, Family Code, is
amended to read as follows:
SUBCHAPTER H. RIGHTS OF GRANDPARENT, AUNT, OR UNCLE
Sec. 153.431. [GRANDPARENTAL] APPOINTMENT OF GRANDPARENTS,
AUNTS, OR UNCLES AS MANAGING CONSERVATORS. If the parents of a
child are deceased, the parents, sisters, and brothers of the
deceased parents [grandparents] may be considered for appointment
as managing conservators of the child, but consideration does not
alter or diminish the discretionary power of the court.
Sec. 153.432. SUIT BY GRANDPARENT FOR POSSESSION OF OR
ACCESS TO CHILD. (a) A biological or adoptive grandparent may
request reasonable possession of or access to a grandchild by
filing:
(1) an original suit; or
(2) a suit for modification as provided by Chapter
156.
(b) A grandparent may request reasonable possession of or
access to a grandchild in a suit filed for the sole purpose of
requesting the relief, without regard to whether the appointment of
a managing conservator is an issue in the suit.
Sec. 153.4325. SUIT BY AUNT OR UNCLE FOR POSSESSION OF OR
ACCESS TO CHILD. (a) If a parent of a child is deceased, a sister
or brother of the deceased parent may request reasonable possession
of or access to the child by filing:
(1) an original suit; or
(2) a suit for modification as provided by Chapter
156.
(b) A sister or brother of the deceased parent may request
reasonable possession of or access to the child in a suit filed for
the sole purpose of requesting the relief, without regard to
whether the appointment of a managing conservator is an issue in the
suit.
Sec. 153.433. POSSESSION OF AND ACCESS TO CHILD BY
GRANDPARENT, AUNT, OR UNCLE [GRANDCHILD]. (a) The court shall
order reasonable possession of or access to a child [grandchild] by
the child's [a] grandparent if:
(1) at the time the relief is requested, at least one
biological or adoptive parent of the child has not had that parent's
parental rights terminated; and
(2) reasonable possession of or access to the child is
in the best interest of the child, and at least one of the following
facts is present:
(A) the grandparent requesting reasonable
possession of or access to the child is a parent of a parent of the
child and that parent of the child has been incarcerated in jail or
prison during the three-month period preceding the filing of the
petition or has been found by a court to be incompetent or is dead;
(B) the parents of the child are divorced or have
been living apart for the three-month period preceding the filing
of the petition or a suit for the dissolution of the parents'
marriage is pending;
(C) the child has been abused or neglected by a
parent of the child;
(D) the child has been adjudicated to be a child
in need of supervision or a delinquent child under Title 3;
(E) the grandparent requesting reasonable
possession of or access to the child is the parent of a person whose
parent-child relationship with the child has been terminated by
court order; or
(F) the child has resided with the grandparent
requesting reasonable possession of or access to the child for at
least six months within the 24-month period preceding the filing of
the petition.
(b) If a parent of a child is deceased, the court shall order
reasonable possession of or access to the child by a parent, sister,
or brother of the deceased parent if:
(1) at the time the relief is requested, at least one
biological or adoptive parent of the child has not had the parent's
parental rights terminated; and
(2) the court finds that:
(A) reasonable possession of or access to the
child by the parent, sister, or brother of the deceased parent, as
applicable, is in the best interest of the child; and
(B) the combined times of possession of or access
to the child by the child's grandparents, aunts, and uncles under
this subchapter will not exceed the guidelines established under
Subchapter E for the possession of a child by a parent named as a
possessory conservator.
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OF
OR ACCESS TO CHILD. A biological or adoptive parent, sister, or
brother of a parent of a child [grandparent] may not request
possession of or access to the child [a grandchild] if:
(1) each of the biological parents of the child
[grandchild] has:
(A) died;
(B) had the person's parental rights terminated;
or
(C) executed an affidavit of waiver of interest
in child or an affidavit of relinquishment of parental rights under
Chapter 161 and the affidavit designates an authorized agency,
licensed child-placing agency, or person other than the child's
stepparent as the managing conservator of the child; and
(2) the child [grandchild] has been adopted, or is the
subject of a pending suit for adoption, by a person other than the
child's stepparent.
SECTION 4. The changes in law made by this Act apply only to
a suit for possession of or access to a child filed on or after the
effective date of this Act. A suit filed before the effective date
of this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.