85R6523 KSD-F

By: Sanford H.B. No. 2643

A BILL TO BE ENTITLED

AN ACT

relating to the rendition by the court in a suit affecting the parent-child relationship of a temporary order over the objection of the child's parent.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 105.001, Family Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:

(a) In a suit, except as otherwise provided by Subsection (a-1), the court may make a temporary order, including the modification of a prior temporary order, for the safety and welfare of the child, including an order:

(1) for the temporary conservatorship of the child;

(2) for the temporary support of the child;

(3) restraining a party from disturbing the peace of the child or another party;

(4) prohibiting a person from removing the child beyond a geographical area identified by the court; or

(5) for payment of reasonable attorney's fees and expenses.

(a-1) The court may not render a temporary order under this section over the objection of the child's parent unless:

(1) the court determines that the objecting parent is not a fit parent and states on the record the court's basis for that determination;

(2) the court determines that failing to render the temporary order will cause significant impairment to the child's physical health or emotional well-being; or

(3) the court is rendering the temporary order over the objection of a fit parent at the request of the child's other parent, who is a fit parent.

(a-2) For purposes of Subsection (a-1), a parent:

(1) is presumed to be a fit parent; and

(2) may be determined not to be a fit parent only if the court determines that the parent does not adequately care for the parent's child.

SECTION 2. The change in law made by this Act applies only to a suit affecting the parent-child relationship pending before a trial court or filed on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2017.