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AN ACT
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relating to a court order for the possession of or access to a child |
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under three years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.254, Family Code, is amended to read |
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as follows: |
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Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The |
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court shall render an order appropriate under the circumstances for |
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possession of a child less than three years of age. In rendering |
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the order, the court shall consider evidence of all relevant |
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factors, including: |
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(1) the caregiving provided to the child before and |
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during the current suit; |
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(2) the effect on the child that may result from |
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separation from either party; |
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(3) the availability of the parties as caregivers and |
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the willingness of the parties to personally care for the child; |
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(4) the physical, medical, behavioral, and |
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developmental needs of the child; |
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(5) the physical, medical, emotional, economic, and |
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social conditions of the parties; |
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(6) the impact and influence of individuals, other |
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than the parties, who will be present during periods of possession; |
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(7) the presence of siblings during periods of |
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possession; |
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(8) the child's need to develop healthy attachments to |
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both parents; |
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(9) the child's need for continuity of routine; |
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(10) the location and proximity of the residences of |
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the parties; |
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(11) the need for a temporary possession schedule that |
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incrementally shifts to the schedule provided in the prospective |
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order under Subsection (d) based on: |
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(A) the age of the child; or |
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(B) minimal or inconsistent contact with the |
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child by a party; |
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(12) the ability of the parties to share in the |
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responsibilities, rights, and duties of parenting; and |
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(13) any other evidence of the best interest of the |
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child. |
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(b) Notwithstanding the Texas Rules of Civil Procedure, in |
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rendering an order under Subsection (a), the court shall make |
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findings in support of the order if: |
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(1) a party files a written request with the court not |
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later than the 10th day after the date of the hearing; or |
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(2) a party makes an oral request in court during the |
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hearing on the order. |
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(c) The court shall make and enter the findings required by |
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Subsection (b) not later than the 15th day after the date the party |
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makes the request. |
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(d) The court shall render a prospective order to take |
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effect on the child's third birthday, which presumptively will be |
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the standard possession order. |
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SECTION 2. 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 3. 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 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 820 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 820 passed the House on |
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May 5, 2011, by the following vote: Yeas 144, Nays 2, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |