| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to possession of or access to a child in a suit affecting |
|
|
the parent-child relationship during or after military deployment |
|
|
of the child's parent. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 153.3161, Family Code, is amended to |
|
|
read as follows: |
|
|
Sec. 153.3161. [LIMITED] POSSESSION DURING MILITARY |
|
|
DEPLOYMENT. (a) In this section, "military deployment" means |
|
|
military duty ordered for a period of more than six months during |
|
|
which the person ordered to duty: |
|
|
(1) is not provided the option of being accompanied by |
|
|
the person's child; and |
|
|
(2) is serving in a location where access to the |
|
|
person's child is not reasonably possible. |
|
|
(b) In addition to the general terms and conditions of |
|
|
possession required by Section 153.316, if a possessory conservator |
|
|
or a joint managing conservator of the child without the exclusive |
|
|
right to designate the primary residence of the child is currently a |
|
|
member of the armed forces of the state or the United States or is |
|
|
reasonably expected to join those forces, the court shall: |
|
|
(1) permit that conservator to designate a person who |
|
|
may exercise [limited] possession of the child on behalf of that |
|
|
conservator during any period that the conservator is deployed |
|
|
under a military deployment [outside of the United States]; and |
|
|
(2) if the conservator elects to designate a person |
|
|
under Subdivision (1), provide in the order for [limited] |
|
|
possession of the child by the designated person under those |
|
|
circumstances, subject to the court's determination that the |
|
|
[limited] possession is in the best interest of the child. |
|
|
(c) [(b)] If the court determines that the [limited] |
|
|
possession is in the best interest of the child, the court shall |
|
|
provide in the order that during periods of military deployment: |
|
|
(1) the designated person has the right to possession |
|
|
of the child for the periods and in the manner in which the deployed |
|
|
conservator would be entitled to exercise possession if not |
|
|
deployed [on the first weekend of each month beginning at 6 p.m. on
|
|
|
Friday and ending at 6 p.m. on Sunday]; |
|
|
(2) [the other parent shall surrender the child to the
|
|
|
designated person at the beginning of each period of possession at
|
|
|
the other parent's residence;
|
|
|
[(3)
the designated person shall return the child to
|
|
|
the other parent's residence at the end of each period of
|
|
|
possession;
|
|
|
[(4)] the child's other parent and the designated |
|
|
person are subject to the requirements of Section 153.316, with the |
|
|
designated person considered for purposes of that section to be the |
|
|
possessory conservator [Sections 153.316(5)-(9)]; |
|
|
(3) [(5)] the designated person has the rights and |
|
|
duties of a nonparent possessory conservator under Section |
|
|
153.376(a) during the period that the person has possession of the |
|
|
child; and |
|
|
(4) [(6)] the designated person is subject to any |
|
|
provision in a court order restricting or prohibiting access to the |
|
|
child by any specified individual. |
|
|
(d) The court shall use every reasonable means to expedite a |
|
|
hearing under this section to ensure that the order is rendered |
|
|
before the conservator's military deployment, unless the court |
|
|
determines that an expedited hearing is not in the best interest of |
|
|
the child. |
|
|
(e) [(c)] After the military deployment is concluded, and |
|
|
the deployed parent returns to that parent's usual residence, the |
|
|
designated person's right to [limited] possession under this |
|
|
section terminates and the rights of all affected parties are |
|
|
governed by the terms of any court order applicable when a parent is |
|
|
not deployed. |
|
|
SECTION 2. Subchapter F, Chapter 153, Family Code, is |
|
|
amended by adding Section 153.3162 to read as follows: |
|
|
Sec. 153.3162. ADDITIONAL PERIODS OF POSSESSION OR ACCESS |
|
|
AFTER CONCLUSION OF MILITARY DEPLOYMENT. (a) In this section: |
|
|
(1) "Conservator" means: |
|
|
(A) a possessory conservator of a child; or |
|
|
(B) a joint managing conservator of a child |
|
|
without the exclusive right to designate the primary residence of |
|
|
the child. |
|
|
(2) "Military deployment" means military duty ordered |
|
|
for a period of more than six months during which the person ordered |
|
|
to duty: |
|
|
(A) is not provided the option of being |
|
|
accompanied by the person's child; and |
|
|
(B) is serving in a location where access to the |
|
|
person's child is not reasonably possible. |
|
|
(b) Not later than the 90th day after the date a conservator |
|
|
who is a member of the armed services concludes the conservator's |
|
|
military deployment, the conservator may petition the court to: |
|
|
(1) compute the periods of possession of or access to |
|
|
the child to which the conservator would have otherwise been |
|
|
entitled during the conservator's military deployment; and |
|
|
(2) award the conservator additional periods of |
|
|
possession of or access to the child to compensate for the periods |
|
|
described by Subdivision (1). |
|
|
(c) If a conservator petitions the court under Subsection |
|
|
(b), the court: |
|
|
(1) shall compute the periods of possession or access |
|
|
to the child described by Subsection (b)(1); and |
|
|
(2) may award to the conservator additional periods of |
|
|
possession of or access to the child for a length of time and under |
|
|
terms the court considers reasonable, if the court determines that |
|
|
the award of additional periods of possession of or access to the |
|
|
child is in the best interest of the child. |
|
|
(d) In making the determination under Subsection (c)(2), |
|
|
the court: |
|
|
(1) shall consider: |
|
|
(A) the periods of possession of or access to the |
|
|
child to which the conservator would otherwise have been entitled |
|
|
during the conservator's military deployment, as computed under |
|
|
Subsection (c)(1); and |
|
|
(B) any other factor the court considers |
|
|
appropriate; and |
|
|
(2) is not required to award additional periods of |
|
|
possession of or access to the child that equals the possession or |
|
|
access to which the conservator would have been entitled during the |
|
|
conservator's military deployment, as computed under Subsection |
|
|
(c)(1). |
|
|
(e) After the conservator has exercised all additional |
|
|
periods of possession or access awarded under this section, the |
|
|
rights of all affected parties are governed by the terms of any |
|
|
court order applicable when the conservator is not deployed under a |
|
|
military deployment. |
|
|
(f) This section does not apply if a court rendered an order |
|
|
under Section 153.3161 that permitted a person to exercise the |
|
|
right to possession of the child during the conservator's military |
|
|
deployment for the period and in the manner in which the conservator |
|
|
would be entitled to exercise possession if not deployed under a |
|
|
military deployment. |
|
|
SECTION 3. Section 156.105, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY |
|
|
DEPLOYMENT. (a) In this section, "military deployment" means |
|
|
military duty ordered for a period of more than six months during |
|
|
which the person ordered to duty: |
|
|
(1) is not provided the option of being accompanied by |
|
|
the person's child; and |
|
|
(2) is serving in a location where access to the |
|
|
person's child is not reasonably possible. |
|
|
(b) The military deployment [outside this country] of a |
|
|
person who is a possessory conservator or a joint managing |
|
|
conservator without the exclusive right to designate the primary |
|
|
residence of the child is a material and substantial change of |
|
|
circumstances sufficient to justify a modification of an existing |
|
|
court order or portion of a decree that sets the terms and |
|
|
conditions for the possession of or access to a child. |
|
|
(c) [(b)] If the court determines that modification is in |
|
|
the best interest of the child, the court may modify the order or |
|
|
decree to provide in a manner consistent with Section 153.3161 for |
|
|
[limited] possession of the child during the period of the military |
|
|
deployment by a person designated by the deployed conservator. |
|
|
SECTION 4. Section 153.3161, Family Code, as amended by |
|
|
this Act, applies only to a suit affecting the parent-child |
|
|
relationship pending in a trial court on or filed on or after the |
|
|
effective date of this Act. |
|
|
SECTION 5. Section 153.3162, Family Code, as added by this |
|
|
Act, applies to a suit affecting the parent-child relationship, or |
|
|
an action to modify an order in a suit affecting the parent-child |
|
|
relationship, pending in a trial court on the effective date of this |
|
|
Act or filed on or after that date. |
|
|
SECTION 6. Section 156.105, Family Code, as amended by this |
|
|
Act, applies only to an action to modify an order in a suit |
|
|
affecting the parent-child relationship pending in a trial court on |
|
|
or filed on or after the effective date of this Act. |
|
|
SECTION 7. This Act takes effect September 1, 2007. |