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A BILL TO BE ENTITLED
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AN ACT
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relating to equal parenting orders in suits affecting the |
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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 153.134, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If the court renders an order appointing the parents |
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joint managing conservators under this section, the court shall |
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enter a possession order under Subchapter F-1 that provides for |
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equal parenting, unless the court determines that order is not in |
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the best interest of the child, in which case the court may enter: |
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(1) a standard possession order as provided by |
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Subchapter F; or |
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(2) another order regarding possession that the court |
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determines is in the best interest of the child. |
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SECTION 2. Chapter 153, Family Code, is amended by adding |
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Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. EQUAL PARENTING ORDER |
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Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER. |
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Notwithstanding any other provision of this chapter, a court shall, |
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as an alternative to the standard possession order under Subchapter |
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F, enter an order providing for periods of possession of a child in |
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accordance with this subchapter if the court: |
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(1) appoints the parents joint managing conservators |
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under Section 153.134; and |
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(2) determines that the order would be in the best |
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interest of the child. |
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Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING |
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ORDER. (a) Subject to Subsection (b), a court may enter an order |
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under this subchapter that provides that each parent has the right |
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to possession of the child under one of the following arrangements: |
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(1) an arrangement under which each parent has |
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possession of the child for one week at a time, alternating weeks of |
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possession with the other parent, with no modification based on |
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holidays that occur during each week, but subject to modification |
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based on agreement by each parent; |
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(2) an arrangement under which each parent has |
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possession of the child for two weeks at a time, alternating |
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two-week periods of possession with the other parent, with one |
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weeknight of possession exercised during each week of the period by |
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the parent not otherwise in possession during that period, and |
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subject to modification based on agreement by each parent; or |
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(3) an arrangement under which each parent has |
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possession of the child for four weeks at a time, alternating |
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four-week periods of possession with the other parent, with one |
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weeknight of possession exercised during each week of the period by |
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the parent not otherwise in possession during that period, and |
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subject to modification based on agreement by each parent. |
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(b) A court shall provide parents with the opportunity to |
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select by agreement one of the arrangements described by Subsection |
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(a), subject to the court's determination that the selected |
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arrangement is in the best interest of the child. If the parents do |
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not agree, the court may order any arrangement described by |
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Subsection (a). |
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(c) For purposes of Subsection (a), a period of possession |
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begins when the child's school is dismissed on Friday, and the |
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period ends when the child's school is dismissed on the appropriate |
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subsequent Friday. If school is not in session on a Friday, the |
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period of possession shall begin or end, as appropriate, at 5 p.m. |
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on Friday. |
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SECTION 3. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the possession of or access to a child rendered before |
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the effective date of this Act. |
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SECTION 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |