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A BILL TO BE ENTITLED
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AN ACT
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relating to equal parenting orders in suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.001(a), Family Code, is amended to |
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read as follows: |
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(a) The public policy of this state is to: |
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(1) assure that children will have frequent and |
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continuing contact with parents who have shown the ability to act in |
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the best interest of the child; |
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(2) provide a safe, stable, and nonviolent environment |
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for the child; and |
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(3) encourage parents to share equally in the rights |
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and duties of raising their child after the parents have separated |
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or dissolved their marriage. |
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SECTION 2. Section 153.134, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If the court renders an order appointing the parents |
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joint managing conservators under this section, the court shall |
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enter a possession order under Subchapter F-1 that provides for |
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equal parenting, unless the court determines that order is not in |
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the best interest of the child, in which case the court may enter: |
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(1) a standard possession order as provided by |
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Subchapter F; or |
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(2) another order regarding possession that the court |
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determines is in the best interest of the child. |
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SECTION 3. Chapter 153, Family Code, is amended by adding |
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Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. EQUAL PARENTING ORDER |
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Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER. |
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Notwithstanding any other provision of this chapter, a court shall, |
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as an alternative to the standard possession order under Subchapter |
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F, enter an order providing for periods of possession of a child in |
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accordance with this subchapter if the court: |
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(1) appoints the parents joint managing conservators |
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under Section 153.134; and |
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(2) determines that the order would be in the best |
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interest of the child. |
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Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING |
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ORDER. (a) Subject to Subsection (b), a court may enter an order |
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under this subchapter that provides that each parent has the right |
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to possession of the child under a schedule specified by the court, |
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provided that: |
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(1) the schedule may not grant possession to a parent |
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for a number of days each year that exceeds the number of days of |
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possession granted to the other parent for that year by more than |
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five days; and |
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(2) the schedule must alternate on a yearly basis the |
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parent who is granted possession for a number of days for the year |
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that exceeds the number of days granted to the other parent. |
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(b) A court shall provide parents with the opportunity to |
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select by agreement a schedule for possession described by |
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Subsection (a), subject to the court's determination that the |
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proposed schedule is in the best interest of the child. If the |
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parents do not agree, the court may order possession under any |
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schedule described by Subsection (a). |
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SECTION 4. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the possession of or access to a child rendered before |
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the effective date of this Act. |
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SECTION 5. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |