80R10324 MCK-F

By: Homer H.B. No. 3525

A BILL TO BE ENTITLED

AN ACT

relating to the divorce of parents with children under 18 years of age.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6.001, Family Code, is amended to read as follows:

Sec. 6.001. INSUPPORTABILITY. (a) A court may not grant a divorce on the grounds of insupportability if the parties to the marriage are the parents of a child under 18 years of age born or adopted during the marriage.

(b) On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

SECTION 2. Subchapter A, Chapter 6, Family Code, is amended by adding Section 6.0071 to read as follows:

Sec. 6.0071. JOINT ABANDONMENT. (a) If the parties to a marriage are the parents of a child under 18 years of age born or adopted during the marriage, the court may grant a divorce if both parties have agreed to abandon the marriage.

(b) The court may not grant a divorce under this section until the parties present a joint parenting plan that complies with the requirements of Chapter 153, except for the requirement that the parenting plan designate a parent as the person who has the exclusive right to designate the primary residence of a child.

(c) The court shall presume that the school district in which the child resides on the date the petition or suit for the dissolution of marriage is filed is the place where the parents intend for the child to reside. The presumption under this subsection may be rebutted by presenting to the court:

(1) a written agreement between the parents; or

(2) clear and convincing evidence of abuse or neglect of the child by a parent.

(d) If the parents do not present a joint parenting plan under Subsection (a), each parent shall submit to the court a proposed parenting plan that resolves only those matters that are in disagreement. The court shall equitably decide the matters in disagreement and render an order including the agreed terms of the parenting plan. The court shall order equal times of possession of or access to a child for the parents unless the court makes the finding required by Subsection (e).

(e) If a parent's separate proposed parenting plan provides for one parent to exercise more time for possession of or access to a child than the other parent, and the other parent objects to the plan, the court may order unequal time for possession of or access to a child only if the court finds that clear and convincing evidence exists that the other parent has abused or neglected the child.

(f) In rendering a temporary order for the possession of or access to a child, the court may order unequal time for possession of or access to a child over the objection of a parent only if the parent who does not object presents clear and convincing evidence that the other parent has abused or neglected the child.

(g) A parent should file for divorce under this section only if the parent is unable to file for divorce under any other ground.

(h) The court may not grant a divorce under this section if, at any time during the divorce proceeding, a parent alleges that the other parent has committed family violence.

(i) In this section, "abuse" and "neglect" have the meanings assigned by Section 261.001.

SECTION 3. This Act applies only to a suit for dissolution of a marriage filed on or after the effective date of this Act. A suit for dissolution of a marriage filed before the effective date of this Act is governed by the law in effect at the time the suit was filed, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2007.