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A BILL TO BE ENTITLED
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AN ACT
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relating to possession of or access to a child by a grandparent or |
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certain other persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 102.004(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) In addition to the general standing to file suit |
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provided by Section 102.003, a grandparent, or another relative of |
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the child related within the third degree by consanguinity, may |
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file an original suit requesting managing conservatorship if there |
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is satisfactory proof to the court that: |
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(1) the order requested is necessary because the |
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child's present circumstances would significantly impair the |
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child's physical health or emotional development; or |
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(2) both parents, the surviving parent, or a [the] |
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managing conservator or custodian either filed the petition or |
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consented to the suit. |
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(b) An original suit requesting possessory conservatorship |
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may not be filed by a grandparent or other person. However, the |
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court may grant a grandparent or other person deemed by the court to |
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have had substantial past contact with the child leave to intervene |
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in a pending suit filed by a person authorized to do so under this |
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subchapter if, after notice and hearing, there is satisfactory |
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proof to the court that appointment of a parent as a sole managing |
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conservator or both parents as joint managing conservators would |
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significantly impair the child's physical health or emotional |
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development. |
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SECTION 2. Section 153.432, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An affidavit submitted under Subsection (c) is not |
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required to contain expert opinion. |
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SECTION 3. Section 153.433, Family Code, is amended to read |
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as follows: |
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Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a) |
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The court may order reasonable possession of or access to a |
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grandchild by a grandparent if: |
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(1) at the time the relief is requested, at least one |
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biological or adoptive parent of the child has not had that parent's |
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parental rights terminated; and |
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(2) the grandparent requesting possession of or access |
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to the child overcomes the presumption that a parent acts in the |
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best interest of the parent's child by proving by a preponderance of |
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the evidence that denial of possession of or access to the child |
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would significantly impair the child's physical health or emotional |
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well-being[; and
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[(3)
the grandparent requesting possession of or
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access to the child is a parent of a parent of the child and that
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parent of the child:
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[(A)
has been incarcerated in jail or prison
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during the three-month period preceding the filing of the petition;
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[(B) has been found by a court to be incompetent;
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[(C) is dead; or
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[(D)
does not have actual or court-ordered
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possession of or access to the child]. |
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(a-1) To meet the burden of proof under Subsection (a)(2), a |
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grandparent requesting possession of or access to a grandchild is |
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not required to offer expert testimony. |
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(b) An order granting possession of or access to a child by a |
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grandparent that is rendered over a parent's objections must state, |
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with specificity, that: |
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(1) at the time the relief was requested, at least one |
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biological or adoptive parent of the child had not had that parent's |
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parental rights terminated; and |
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(2) the grandparent requesting possession of or access |
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to the child has overcome the presumption that a parent acts in the |
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best interest of the parent's child by proving by a preponderance of |
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the evidence that the denial of possession of or access to the child |
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would significantly impair the child's physical health or emotional |
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well-being[; and
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[(3)
the grandparent requesting possession of or
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access to the child is a parent of a parent of the child and that
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parent of the child:
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[(A)
has been incarcerated in jail or prison
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during the three-month period preceding the filing of the petition;
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[(B) has been found by a court to be incompetent;
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[(C) is dead; or
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[(D)
does not have actual or court-ordered
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possession of or access to the child]. |
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SECTION 4. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit filed before that date is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |