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A BILL TO BE ENTITLED
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AN ACT
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relating to the age at which a child may express a preference to the |
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court on issues regarding residence and conservatorship in a suit |
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affecting 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. Sections 153.009(a) and (f), Family Code, are |
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amended to read as follows: |
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(a) In a nonjury trial or at a hearing, on the application of |
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a party, the amicus attorney, or the attorney ad litem for the |
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child, the court shall interview in chambers a child eight [12] |
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years of age or older and may interview in chambers a child under |
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eight [12] years of age to determine the child's wishes as to |
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conservatorship or as to the person who shall have the exclusive |
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right to determine the child's primary residence. The court may |
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also interview a child in chambers on the court's own motion for a |
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purpose specified by this subsection. |
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(f) On the motion of a party, the amicus attorney, or the |
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attorney ad litem for the child, or on the court's own motion, the |
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court shall cause a record of the interview to be made when the |
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child is eight [12] years of age or older. A record of the interview |
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shall be part of the record in the case. |
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SECTION 2. Section 153.134(a), Family Code, is amended to |
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read as follows: |
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(a) If a written agreed parenting plan is not filed with the |
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court, the court may render an order appointing the parents joint |
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managing conservators only if the appointment is in the best |
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interest of the child, considering the following factors: |
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(1) whether the physical, psychological, or emotional |
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needs and development of the child will benefit from the |
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appointment of joint managing conservators; |
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(2) the ability of the parents to give first priority |
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to the welfare of the child and reach shared decisions in the |
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child's best interest; |
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(3) whether each parent can encourage and accept a |
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positive relationship between the child and the other parent; |
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(4) whether both parents participated in child rearing |
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before the filing of the suit; |
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(5) the geographical proximity of the parents' |
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residences; |
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(6) if the child is eight [12] years of age or older, |
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the child's preference, if any, regarding the person to have the |
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exclusive right to designate the primary residence of the child; |
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and |
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(7) any other relevant factor. |
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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 eight [12] years of age or older and |
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has expressed to the court in chambers as provided by Section |
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153.009 the name of the person who is the child's preference to have |
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the exclusive right to designate the primary residence of the |
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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 eight [12] years of age and |
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has expressed to the court in chambers as provided by Section |
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153.009 the name of the person who is the child's preference to have |
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the exclusive right to designate the primary residence of the |
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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. (a) The change in law made by this Act by the |
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amendment of Sections 153.009 and 153.134, Family Code, applies to |
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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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(b) The change in law made by this Act by the amendment of |
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Sections 156.006 and 156.101, Family Code, applies to an action to |
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modify an order in a suit affecting the parent-child relationship |
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pending on the effective date of this Act or filed on or after that |
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date. |
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SECTION 6. This Act takes effect September 1, 2025. |