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A BILL TO BE ENTITLED
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AN ACT
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relating to the interview of a child in a suit affecting a |
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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. The heading to Section 153.009, Family Code, is |
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amended to read as follows: |
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Sec. 153.009. INTERVIEW OF CHILD BY COURT [IN CHAMBERS]. |
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SECTION 2. Sections 153.009(a), (d), and (f), Family Code, |
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are amended to read as follows: |
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(a) In a nonjury trial or at a hearing, the court: |
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(1)[,] on the application of a party, the amicus |
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attorney, or the attorney ad litem for the child, [the court] shall |
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interview [in chambers] a child 12 years of age or older in chambers |
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or, at the court's discretion, in another location in the |
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courthouse, and may interview [in chambers] a child under 12 years |
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of age in chambers or, at the court's discretion, in another |
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location in the courthouse, to determine the child's wishes as to: |
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(A) conservatorship, possession, or access; |
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(B) [or as to] the person who shall have the |
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exclusive right to determine the child's primary residence; or |
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(C) any other issue affecting the parent-child |
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relationship; and |
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(2) on the court's own motion,[. The court] may [also] |
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interview a child of any age [in chambers on the court's own motion] |
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for a purpose specified by Subdivision (1) [this subsection]. |
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(d) In a jury trial, an [the court may not] interview |
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conducted under this section may not be introduced to the jury [the |
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child in chambers regarding an issue on which a party is entitled to |
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a jury verdict]. |
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(f) If the court interviews a child 12 years of age or older |
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under this section [On the motion of a party, the amicus attorney, |
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or the attorney ad litem for the child, or on the court's own |
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motion], the court shall: |
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(1) cause a record of the interview to be made; and |
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(2) unless a party has filed a notice of appeal for the |
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suit, order the sealing of the record of the interview [when the |
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child is 12 years of age or older. A record of the interview shall |
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be part of the record in the case]. |
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SECTION 3. Section 156.006(b), Family Code, is amended to |
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read as follows: |
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(b) While a suit for modification is pending, the court may |
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not render a temporary order that has the effect of creating a |
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designation, or changing the designation, of the person who has the |
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exclusive right to designate the primary residence of the child, or |
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the effect of creating a geographic area, or changing or |
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eliminating the geographic area, within which a conservator must |
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maintain the child's primary residence, under the final order |
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unless the temporary order is in the best interest of the child and: |
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(1) the order is necessary because the child's present |
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circumstances would significantly impair the child's physical |
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health or emotional development; |
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(2) the person designated in the final order has |
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voluntarily relinquished the primary care and possession of the |
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child for more than six months; or |
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(3) the child is 12 years of age or older and has |
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expressed to the court in an interview conducted under [in chambers |
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as provided by] Section 153.009 the name of the person who is the |
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child's preference to have the exclusive right to designate the |
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primary residence of the child. |
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SECTION 4. Section 156.101(a), Family Code, is amended to |
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read as follows: |
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(a) The court may modify an order that provides for the |
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appointment of a conservator of a child, that provides the terms and |
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conditions of conservatorship, or that provides for the possession |
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of or access to a child if modification would be in the best |
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interest of the child and: |
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(1) the circumstances of the child, a conservator, or |
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other party affected by the order have materially and substantially |
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changed since the earlier of: |
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(A) the date of the rendition of the order; or |
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(B) the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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(2) the child is at least 12 years of age and has |
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expressed to the court in an interview conducted under [in chambers |
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as provided by] Section 153.009 the name of the person who is the |
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child's preference to have the exclusive right to designate the |
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primary residence of the child; or |
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(3) the conservator who has the exclusive right to |
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designate the primary residence of the child has voluntarily |
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relinquished the primary care and possession of the child to |
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another person for at least six months. |
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SECTION 5. Section 153.009(b), Family Code, is repealed. |
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SECTION 6. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship pending on the |
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effective date of this Act or filed on or after that date. |
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SECTION 7. This Act takes effect September 1, 2025. |