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A BILL TO BE ENTITLED
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AN ACT
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relating to temporary orders and orders for modification in suits |
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affecting the 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 153.008, Family Code, is amended to read |
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as follows: |
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Sec. 153.008. CHILD'S PREFERENCE OF ISSUES OVER WHICH THE |
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COURT HAS JURISDICTION [PERSON TO DESIGNATE RESIDENCE]. (a) A |
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child 12 years of age or older may express to [file with] the court, |
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in a manner permitted by Subsection (b), the child's preferences |
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regarding any issue over which the court has jurisdiction, |
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including [in writing] the name of the person who is the child's |
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preference to have the exclusive right to designate the primary |
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residence of the child, subject to the approval of the court. |
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(b) The child may express the child's preference under this |
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section: |
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(1) in an interview of the child in chambers under |
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Section 153.009; |
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(2) to a mental health professional in family |
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counseling ordered under Section 153.010; |
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(3) to a parenting coordinator appointed under Section |
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153.605; or |
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(4) to a guardian ad litem appointed under Chapter |
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107. |
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SECTION 2. Section 156.006(b), Family Code, is amended to |
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read as follows: |
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(b) While a suit for modification is pending, the court may |
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not render a temporary order that has the effect of changing the |
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designation of the person who has the exclusive right to designate |
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the primary residence of the child under the final order unless the |
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temporary order is in the best interest of the child and: |
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(1) the order is necessary because the child's present |
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circumstances would significantly impair the child's physical |
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health or emotional development; |
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(2) the person designated in the final order has |
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voluntarily relinquished the primary care and possession of the |
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child for more than six months [and the temporary order is in the
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best interest of the child]; or |
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(3) the child is 12 years of age or older and: |
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(A) has indicated to [filed with] the court as |
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provided by Section 153.008 [in writing] the name of the person who |
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is the child's preference to have the exclusive right to designate |
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the primary residence of the child; or |
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(B) the circumstances of the child, a |
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conservator, or other party affected by the order have materially |
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and substantially changed since the earlier of: |
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(i) the date of the rendition of the order; |
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or |
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(ii) the date of the signing of a mediated |
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or collaborative law settlement agreement on which the order is |
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based [and the temporary order designating that person is in the
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best interest of the child]. |
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SECTION 3. 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 |
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indicated to [filed with] the court as provided by Section 153.008 |
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[, in writing,] the name of the person who is the child's preference |
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to have the exclusive right to designate the primary residence of |
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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. |
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SECTION 4. (a) The change in law made by this Act by the |
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amendment of Section 153.008, Family Code, applies only to 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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(b) The changes in law made by this Act by the amendment of |
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Sections 156.006(b) and 156.101, Family Code, apply to a suit for |
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modification filed on or after the effective date of this Act. A |
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suit for modification filed before that date is governed by the law |
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in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |