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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a parent as a child's managing |
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conservator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.0041 to read as follows: |
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Sec. 153.0041. PRESUMPTION BASED ON GROUNDS FOR DIVORCE. |
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It is presumed that it is not in the best interest of a child to |
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appoint a parent of the child as managing conservator if the court |
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finds that the child's parents were divorced and the divorce was |
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granted in favor of the child's other parent under: |
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(1) Section 6.002 or 6.003 or a comparable statute of |
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another state; or |
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(2) Section 6.004 or a comparable statute of another |
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state, if the felony for which the parent was convicted involved |
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family violence. |
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SECTION 2. Section 153.131(b), Family Code, is amended to |
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read as follows: |
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(b) It is a rebuttable presumption that the appointment of |
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the parents of a child as joint managing conservators is in the best |
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interest of the child. A finding of a history of family violence |
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involving the parents of a child or a finding under Section 153.0041 |
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removes the presumption under this subsection. |
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SECTION 3. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship pending in a trial |
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court on or filed on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |