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A BILL TO BE ENTITLED
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AN ACT
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relating to the modification of certain orders in a suit affecting |
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the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 156, Family Code, is |
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amended by adding Section 156.1011 to read as follows: |
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Sec. 156.1011. REQUIRED FINDINGS FOR CERTAIN |
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MODIFICATIONS; PARENTAL PRESUMPTION. (a) In a suit seeking to |
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modify an order appointing a child's parent as the child's managing |
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conservator, the court may not remove the parent as the child's |
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managing conservator unless the court finds that the parent's |
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continued appointment would not be in the best interest of the child |
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because the continued appointment would significantly impair the |
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child's physical health or emotional development. |
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(b) In a suit by a nonparent seeking a modification that has |
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the effect of creating a designation, or changing the designation |
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of the person who has the exclusive right to designate the primary |
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residence of the child, if one or both of the child's parents were |
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named in the final order as a managing conservator of the child, the |
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court shall designate or maintain the designation of a parent |
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managing conservator as the person with the exclusive right to |
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designate the child's primary residence unless the court finds that |
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the designation would significantly impair the child's physical |
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health or emotional development. |
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(c) Section 153.373 applies in a suit for modification under |
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this subchapter. |
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SECTION 2. The change in law made by this Act applies to a |
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suit for modification that is pending in a trial court on the |
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effective date of this Act or that is filed on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |