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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 of the |
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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. (a) In this section, "military deployment" means |
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military duty ordered for a period of more than six months during |
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which the person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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(b) In addition to the general terms and conditions of |
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possession required by Section 153.316, if a possessory conservator |
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or a joint managing conservator of the child without the exclusive |
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right to designate the primary residence of the child is currently a |
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member of the armed forces of the state or the United States or is |
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reasonably expected to join those forces, 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 |
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under a military deployment [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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(c) [(b)] If the court determines that the [limited] |
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possession is in the best interest of the child, the court shall |
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provide in the order that during periods of military deployment: |
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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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conservator would be entitled to exercise possession if not |
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deployed [on the first weekend of each month beginning at 6 p.m. on
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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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(d) [(c)] After the military deployment is concluded, and |
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the deployed parent returns to that parent's usual residence, the |
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designated person's right to [limited] possession under this |
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section terminates and the rights of all affected parties are |
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governed by the terms of any court order applicable when a parent is |
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not deployed. |
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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. (a) In this section, "military deployment" means |
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military duty ordered for a period of more than six months during |
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which the person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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(b) The military deployment [outside this country] of a |
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person who is a possessory conservator or a joint managing |
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conservator without the exclusive right to designate the primary |
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residence of the child is a material and substantial change of |
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circumstances sufficient to justify a modification of an existing |
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court order or portion of a decree that sets the terms and |
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conditions for the possession of or access to a child. |
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(c) [(b)] If the court determines that modification is in |
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the best interest of the child, the court may modify the order or |
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decree to provide in a manner consistent with Section 153.3161 for |
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[limited] possession of the child during the period of the military |
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deployment by a person designated by the deployed 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. |
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