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A BILL TO BE ENTITLED
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AN ACT
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relating to equal parenting orders in suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.001(a), Family Code, is amended to |
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read as follows: |
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(a) The public policy of this state is to: |
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(1) assure that children will have frequent and |
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continuing contact with parents who have shown the ability to act in |
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the best interest of the child; |
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(2) provide a safe, stable, and nonviolent environment |
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for the child; and |
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(3) encourage parents to share equally in the rights |
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and duties of raising their child after the parents have separated |
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or dissolved their marriage. |
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SECTION 2. Section 153.137, Family Code, is amended to read |
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as follows: |
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Sec. 153.137. [GUIDELINES FOR THE] POSSESSION OF CHILD BY |
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PARENT NAMED AS JOINT MANAGING CONSERVATOR. (a) If a court renders |
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an order appointing the parents joint managing conservators in a |
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proceeding in which a written agreed parenting plan for joint |
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managing conservatorship is not filed with the court, the court may |
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enter: |
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(1) a standard possession order provided by Subchapter |
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F; |
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(2) a possession order under Subchapter F-1 that |
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provides for equal parenting; or |
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(3) another order regarding possession that the court |
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determines is in the best interest of the child. |
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(b) The standard possession order provided by Subchapter F |
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constitutes a presumptive minimum amount of time for possession of |
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a child by a parent named as a joint managing conservator who is not |
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awarded the exclusive right to designate the primary residence of |
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the child in a suit. |
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SECTION 3. Chapter 153, Family Code, is amended by adding |
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Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. EQUAL PARENTING ORDER |
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Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER. |
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Notwithstanding any other provision of this chapter, a court may, |
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as an alternative to the standard possession order under Subchapter |
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F, enter an order providing for periods of possession of a child in |
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accordance with this subchapter if the court determines that the |
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order would be in the best interest of the child. |
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Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING |
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ORDER. (a) Subject to Subsection (b), a court may enter an order |
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under this subchapter that provides that each parent has the right |
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to possession of the child under one of the following arrangements: |
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(1) an arrangement under which each parent has |
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possession of the child for one week at a time, alternating weeks of |
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possession with the other parent, with no modification based on |
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holidays that occur during each week, but subject to modification |
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based on agreement by each parent; |
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(2) an arrangement under which each parent has |
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possession of the child for two weeks at a time, alternating |
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two-week periods of possession with the other parent, with one |
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weeknight of possession exercised during each week of the period by |
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the parent not otherwise in possession during that period, and |
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subject to modification based on agreement by each parent; |
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(3) an arrangement under which each parent has |
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possession of the child for four weeks at a time, alternating |
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four-week periods of possession with the other parent, with one |
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weeknight of possession exercised during each week of the period by |
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the parent not otherwise in possession during that period, and |
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subject to modification based on agreement by each parent; or |
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(4) an arrangement under which each parent has |
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possession of the child under a schedule specified by the court, |
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provided that: |
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(A) the schedule may not grant possession to a |
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parent for a number of days each year that exceeds the number of |
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days of possession granted to the other parent for that year by more |
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than five days; and |
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(B) the schedule must alternate on a yearly basis |
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the parent who is granted possession for a number of days for the |
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year that exceeds the number of days granted to the other parent. |
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(b) A court shall provide parents with the opportunity to |
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select by agreement one of the arrangements described by Subsection |
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(a)(1), (2), or (3), subject to the court's determination that the |
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selected arrangement is in the best interest of the child. If the |
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parents do not agree, the court may order any arrangement described |
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by Subsection (a). |
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SECTION 4. Section 156.101, Family Code, is amended to read |
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as follows: |
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Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER |
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ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. The court |
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may modify an order that provides for the appointment of a |
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conservator of a child, that provides the terms and conditions of |
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conservatorship, or that provides for the possession of or access |
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to a child if modification would be in the best interest of the |
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child and: |
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(1) the circumstances of the child, a conservator, or |
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other party affected by the order have materially and substantially |
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changed since the earlier of: |
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(A) the date of the rendition of the order; or |
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(B) the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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(2) the child is at least 12 years of age and has filed |
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with the court, in writing, the name of the person who is the |
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child's preference to have the exclusive right to designate the |
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primary residence of the child; [or] |
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(3) the conservator who has the exclusive right to |
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designate the primary residence of the child has voluntarily |
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relinquished the primary care and possession of the child to |
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another person for at least six months; or |
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(4) the modification is requested by a conservator |
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seeking entry of a possession order authorized by Subchapter F-1, |
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Chapter 153, that provides for equal parenting. |
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SECTION 5. The changes in law made by this Act to Chapter |
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153, Family Code, apply only to a suit affecting the parent-child |
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relationship pending before a trial court on or filed on or after |
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the effective date of this Act. |
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SECTION 6. The changes in law made by this Act to Section |
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156.101, Family Code, apply only to an action to modify an order in |
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a suit affecting the parent-child relationship pending on the |
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effective date of this Act or filed on or after that date. |
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SECTION 7. This Act takes effect September 1, 2007. |