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A BILL TO BE ENTITLED
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AN ACT
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relating to possession of or access to a child in a suit affecting |
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the parent-child relationship during military deployment or |
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mobilization of the child's parent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.3161, Family Code, is amended to |
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read as follows: |
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Sec. 153.3161. [LIMITED] POSSESSION DURING MILITARY |
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DEPLOYMENT OR MOBILIZATION. (a) In addition to the general terms |
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and conditions of possession required by Section 153.316, if a |
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possessory conservator or a joint managing conservator of the child |
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without the exclusive right to designate the primary residence of |
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the child is currently a member of the armed forces of the state or |
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the United States or is reasonably expected to join those forces, |
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the court shall: |
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(1) permit that conservator to designate a person who |
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may exercise [limited] possession of the child on behalf of that |
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conservator during any period that the conservator is deployed or |
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mobilized [outside of the United States]; and |
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(2) if the conservator elects to designate a person |
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under Subdivision (1), provide in the order for [limited] |
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possession of the child by the designated person under those |
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circumstances, subject to the court's determination that the |
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[limited] possession is in the best interest of the child. |
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(b) If the court determines that the [limited] possession is |
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in the best interest of the child, the court shall provide in the |
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order that during periods of deployment or mobilization: |
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(1) the designated person has the right to possession |
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of the child for the periods and in the manner in which the deployed |
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or mobilized conservator would be entitled to exercise possession |
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if not deployed or mobilized [on the first weekend of each month
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beginning at 6 p.m. on Friday and ending at 6 p.m. on Sunday]; |
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(2) [the other parent shall surrender the child to the
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designated person at the beginning of each period of possession at
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the other parent's residence;
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[(3) the designated person shall return the child to
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the other parent's residence at the end of each period of
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possession;
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[(4)] the child's other parent and the designated |
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person are subject to the requirements of Section 153.316, with the |
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designated person considered for purposes of that section to be the |
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possessory conservator [Sections 153.316(5)-(9)]; |
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(3) [(5)] the designated person has the rights and |
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duties of a nonparent possessory conservator under Section |
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153.376(a) during the period that the person has possession of the |
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child; and |
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(4) [(6)] the designated person is subject to any |
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provision in a court order restricting or prohibiting access to the |
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child by any specified individual. |
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(c) After the deployment or mobilization is concluded, and |
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the deployed or mobilized parent returns to that parent's usual |
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residence, the designated person's right to [limited] possession |
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under this section terminates and the rights of all affected |
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parties are governed by the terms of any court order applicable when |
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a parent is not deployed or mobilized. |
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SECTION 2. Section 156.105, Family Code, is amended to read |
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as follows: |
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Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY |
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DEPLOYMENT OR MOBILIZATION. (a) The military deployment or |
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mobilization [outside this country] of a person who is a possessory |
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conservator or a joint managing conservator without the exclusive |
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right to designate the primary residence of the child is a material |
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and substantial change of circumstances sufficient to justify a |
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modification of an existing court order or portion of a decree that |
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sets the terms and conditions for the possession of or access to a |
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child. |
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(b) If the court determines that modification is in the best |
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interest of the child, the court may modify the order or decree to |
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provide in a manner consistent with Section 153.3161 for [limited] |
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possession of the child during the period of the deployment or |
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mobilization by a person designated by the deployed or mobilized |
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conservator. |
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SECTION 3. Section 153.3161, Family Code, as amended by |
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this Act, applies only to a suit affecting the parent-child |
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relationship pending in a trial court on or filed on or after the |
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effective date of this Act. |
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SECTION 4. Section 156.105, Family Code, as amended by this |
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Act, applies only to an action to modify an order in a suit |
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affecting the parent-child relationship pending in a trial court on |
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or filed on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |