| |
| |
|
|
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. Part 2, Subchapter B, Chapter 107, Family Code, |
|
|
is amended by adding Section 107.024 to read as follows: |
|
|
Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR |
|
|
POSSESSION OF OR ACCESS BY GRANDPARENT. (a) In a suit filed under |
|
|
Section 153.432 requesting possession of or access to a grandchild, |
|
|
the court shall appoint a guardian ad litem for the grandchild at |
|
|
the request of a grandparent who is a party to the suit. |
|
|
(b) Notwithstanding Section 107.002(e), a guardian ad litem |
|
|
appointed under this section shall submit to the court a report |
|
|
regarding the guardian ad litem's recommendations relating to: |
|
|
(1) the grandparent's possession of or access to the |
|
|
grandchild in accordance with Section 153.433; and |
|
|
(2) the bases for the guardian ad litem's |
|
|
recommendations. |
|
|
SECTION 2. 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 3. 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 4. 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 5. This Act takes effect September 1, 2019. |