81R14600 JSC-D

By: Aycock, Sheffield, Leibowitz, H.B. No. 63

Gonzalez Toureilles, et al.

A BILL TO BE ENTITLED

AN ACT

relating to possession of or access to a child by a parent who is deployed by the military.

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

SECTION 1. Chapter 151, Family Code, is amended by adding Section 151.004 to read as follows:

Sec. 151.004. PROHIBITION AGAINST CERTAIN ORDERS DURING PARENT'S MILITARY DEPLOYMENT. A court may not render an order affecting the terms of a parent's possession of or access to the parent's child on the sole grounds that the parent has voluntarily abandoned or left the child or has otherwise voluntarily relinquished the primary care and possession of the child if the parent has temporarily relinquished the primary care and possession of the child to another person during a period in which the parent:

(1) is ordered to duty as a member of the armed forces of the United States, the Texas National Guard, or the National Guard of another state without the option of being accompanied by the child; and

(2) is serving in a location where access to the child is not reasonably possible.

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, "conservator" means:

(1) a possessory conservator of a child; or

(2) a joint managing conservator of a child without the exclusive right to designate the primary residence of the child.

(b) Not later than the 90th day after the date a conservator who is a member of the armed services concludes the conservator's active 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 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:

(A) the conservator was deployed in a location where access to the child was not reasonably possible; and

(B) 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 deployment, as computed under Subsection (c)(1);

(B) whether the court provided in an order under Section 153.3161 that a person exercise limited possession of the child during the conservator's deployment; and

(C) 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 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.

SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2009.