| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the determination of the best interest of a child in |
|
|
certain suits affecting the parent-child relationship. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 153.002, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
|
|
interest of the child shall always be the primary consideration of |
|
|
the court in determining the issues of conservatorship and |
|
|
possession of and access to the child. |
|
|
(b) In a suit between a parent and a non-parent, it is a |
|
|
rebuttable presumption that: |
|
|
(1) a parent acts in the best interest of the parent's |
|
|
child; and |
|
|
(2) it is in the best interest of a child to be in the |
|
|
care, custody and control of a parent. |
|
|
SECTION 2. Section 156.101, Family Code, is amended by |
|
|
adding a new Subsection (c) to read as follows: |
|
|
(c) In a suit to which this chapter applies between a parent |
|
|
and a nonparent, the presumption in Section 153.002(b) applies |
|
|
unless the presumption has been overcome in the most recent final |
|
|
order regarding the child who is the subject of the suit. The |
|
|
presumption shall be deemed to have been overcome as to a given |
|
|
parent if, in a prior proceeding and with respect to a child who is |
|
|
the subject of the suit: |
|
|
(1) the order sought to be modified expressly stated |
|
|
that the presumption was overcome on the issue currently before the |
|
|
court; |
|
|
(2) the parent was neither named as nor continued as a |
|
|
managing conservator in the most recent final order and the parent |
|
|
is not being named as a managing conservator in the final order in |
|
|
the current case before the court; or |
|
|
(3) the order sought to be modified resulted from the |
|
|
parent's voluntary relinquishment of actual care, custody, |
|
|
control, and possession of the child to a nonparent. |
|
|
SECTION 3. The changes in law made by this Act apply to an |
|
|
action that is pending on or filed on or after the effective date of |
|
|
this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |