85R2355 KJE-D

By: Dutton H.B. No. 3806

A BILL TO BE ENTITLED

AN ACT

relating to a suit for possession of or access to a child by a grandparent.

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

SECTION 1. Section 153.432, Family Code, is amended by adding Subsection (d) to read as follows:

(d) An affidavit submitted under Subsection (c) is not required to contain expert opinion.

SECTION 2. Section 153.433, Family Code, is amended to read as follows:

Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if:

(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated; and

(2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being[; and

[(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:

[(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

[(B) has been found by a court to be incompetent;

[(C) is dead; or

[(D) does not have actual or court-ordered possession of or access to the child].

(a-1) To meet the burden of proof under Subsection (a)(2), a grandparent requesting possession of or access to a grandchild is not required to offer expert testimony.

(b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity, that:

(1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated; and

(2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being[; and

[(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:

[(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

[(B) has been found by a court to be incompetent;

[(C) is dead; or

[(D) does not have actual or court-ordered possession of or access to the child].

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 filed on or after that date.

SECTION 4. This Act takes effect September 1, 2017.