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A BILL TO BE ENTITLED
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AN ACT
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relating to an award of additional periods of possession of or |
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access to a child for certain conservators who have returned from |
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active military deployment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 153, Family Code, is |
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amended by adding Section 153.3162 to read as follows: |
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Sec. 153.3162. ADDITIONAL PERIODS OF POSSESSION OR ACCESS |
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AFTER CONCLUSION OF MILITARY DEPLOYMENT. (a) In this section, |
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"conservator" means: |
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(1) a possessory conservator of a child; or |
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(2) a joint managing conservator of a child without |
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the exclusive right to designate the primary residence of the |
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child. |
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(b) Not later than the 90th day after the date a conservator |
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who is a member of the armed services concludes the conservator's |
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active military deployment, the conservator may petition the court |
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to: |
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(1) compute the periods of possession of or access to |
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the child to which the conservator would have otherwise been |
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entitled during the conservator's deployment; and |
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(2) award the conservator additional periods of |
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possession of or access to the child to compensate for the periods |
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described by Subdivision (1). |
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(c) If a conservator petitions the court under Subsection |
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(b), the court: |
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(1) shall compute the periods of possession or access |
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to the child described by Subsection (b)(1); and |
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(2) may award to the conservator additional periods of |
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possession of or access to the child for a length of time and under |
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terms the court considers reasonable, if the court determines that: |
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(A) the conservator was deployed in a location |
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where access to the child was not reasonably possible; and |
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(B) the award of additional periods of possession |
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of or access to the child is in the best interest of the child. |
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(d) In making the determination under Subsection (c)(2), |
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the court: |
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(1) shall consider: |
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(A) the periods of possession of or access to the |
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child to which the conservator would otherwise have been entitled |
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during the conservator's deployment, as computed under Subsection |
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(c)(1); |
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(B) whether the court provided in an order under |
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Section 153.3161 that a person exercise limited possession of the |
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child during the conservator's deployment; and |
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(C) any other factor the court considers |
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appropriate; and |
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(2) is not required to award additional periods of |
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possession of or access to the child that equals the possession or |
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access to which the conservator would have been entitled during the |
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conservator's deployment, as computed under Subsection (c)(1). |
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(e) After the conservator has exercised all additional |
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periods of possession or access awarded under this section, the |
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rights of all affected parties are governed by the terms of any |
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court order applicable when the conservator is not deployed. |
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SECTION 2. Section 153.3162, Family Code, as added by this |
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Act, applies to a suit affecting the parent-child relationship, or |
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an action to modify an order in a suit affecting the parent-child |
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relationship, pending in a trial court on the effective date of this |
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Act or filed on or after that date. |
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SECTION 3. This Act takes effect September 1, 2007. |