| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a court order for the possession of or access to a child |
|
|
under three years of age. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 153.254, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The |
|
|
court shall render an order appropriate under the circumstances for |
|
|
possession of a child less than three years of age. In rendering |
|
|
the order, the court shall consider evidence of all relevant |
|
|
factors, including: |
|
|
(1) the caregiving provided to the child before and |
|
|
during the current suit; |
|
|
(2) the effect on the child that may result from |
|
|
separation from either party; |
|
|
(3) the availability of the parties as caregivers and |
|
|
the willingness of the parties to personally care for the child; |
|
|
(4) the physical, medical, behavioral, and |
|
|
developmental needs of the child; |
|
|
(5) the physical, medical, emotional, economic, and |
|
|
social conditions of the parties; |
|
|
(6) the impact and influence of individuals, other |
|
|
than the parties, who will be present during periods of possession; |
|
|
(7) the presence of siblings during periods of |
|
|
possession; |
|
|
(8) the child's need to develop healthy attachments to |
|
|
both parents; |
|
|
(9) the child's need for continuity of routine; |
|
|
(10) the location and proximity of the residences of |
|
|
the parties; |
|
|
(11) the need for a temporary possession schedule that |
|
|
incrementally shifts to the schedule provided in the prospective |
|
|
order under Subsection (d) based on: |
|
|
(A) the age of the child; or |
|
|
(B) minimal or inconsistent contact with the |
|
|
child by a party; |
|
|
(12) the ability of the parties to share in the |
|
|
responsibilities, rights, and duties of parenting; and |
|
|
(13) any other evidence of the best interest of the |
|
|
child. |
|
|
(b) Notwithstanding the Texas Rules of Civil Procedure, in |
|
|
rendering an order under Subsection (a), the court shall make |
|
|
findings in support of the order if: |
|
|
(1) a party files a written request with the court not |
|
|
later than the 10th day after the date of the hearing; or |
|
|
(2) a party makes an oral request in court during the |
|
|
hearing on the order. |
|
|
(c) The court shall make and enter the findings required by |
|
|
Subsection (b) not later than the 15th day after the date the party |
|
|
makes the request. |
|
|
(d) The court shall render a prospective order to take |
|
|
effect on the child's third birthday, which presumptively will be |
|
|
the standard possession order. |
|
|
SECTION 2. The enactment of this Act does not constitute a |
|
|
material and substantial change of circumstances sufficient to |
|
|
warrant modification of a court order or portion of a decree that |
|
|
provides for the possession of or access to a child rendered before |
|
|
the effective date of this Act. |
|
|
SECTION 3. The change in law made by this Act applies to a |
|
|
suit affecting the parent-child relationship that is pending in a |
|
|
trial court on the effective date of this Act or that is filed on or |
|
|
after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |