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A BILL TO BE ENTITLED
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AN ACT
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relating to factors the court must consider when determining the |
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best interest of a child in a suit affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
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interest of the child shall always be the primary consideration of |
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the court in determining the issues of conservatorship and |
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possession of and access to the child. |
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(b) In determining the best interest of the child, in |
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addition to any other factors the court is required to consider |
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under this chapter or other law, the court shall consider the |
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following factors: |
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(1) the child's wishes as to conservatorship, |
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possession, or access; |
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(2) the child's current and future emotional and |
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physical needs; |
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(3) any current or future emotional or physical danger |
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to the child; |
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(4) the parenting abilities of the party seeking |
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conservatorship or possession of or access to the child; |
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(5) the programs available to assist the party seeking |
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conservatorship or possession of or access to the child; |
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(6) the plans for the child of any person seeking |
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conservatorship or possession of or access to the child; |
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(7) the stability of any proposed placement; |
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(8) any act or omission by a parent seeking |
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conservatorship or possession of or access to the child that may |
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indicate the parent does not act in the best interest of the child; |
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(9) any explanation for the parent's act or omission |
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described by Subdivision (8); and |
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(10) any other factor the court considers relevant to |
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the determination. |
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SECTION 2. 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 filed on or after |
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that date. A suit affecting the parent-child relationship in which |
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a final order is rendered before the effective date of this Act is |
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governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |