89R4896 AMF-D

By: Middleton S.B. No. 849

A BILL TO BE ENTITLED

AN ACT

relating to orders providing for the conservatorship of or possession of and access to a child by the child's parents in a suit affecting the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 101, Family Code, is amended by adding Section 101.0122 to read as follows:

Sec. 101.0122. EQUAL PARENTING ORDER. "Equal parenting order" means an order that provides both parents of a child who are joint managing conservators with rights of equal or nearly equal periods of physical possession of and access to the child in accordance with Section 153.135.

SECTION 2. Section 101.029, Family Code, is redesignated as Section 101.0016, Family Code, and amended to read as follows:

Sec. 101.0016 [101.029]. ALTERNATIVE [STANDARD] POSSESSION ORDER. "Alternative [Standard] possession order" means an order that provides a parent with rights of possession of a child in accordance with the terms and conditions of Subchapter F, Chapter 153.

SECTION 3. Section 105.001(g), Family Code, is amended to read as follows:

(g) The rebuttable presumptions established in favor of the application of the guidelines for a child support order and for the equal parenting order or the alternative [standard] possession order, as applicable, under Chapters 153 and 154 apply to temporary orders. The presumptions do not limit the authority of the court to render other temporary orders.

SECTION 4. Section 153.001(a), Family Code, is amended to read as follows:

(a) The public policy of this state is to:

(1) assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child;

(2) provide a safe, stable, and nonviolent environment for the child; and

(3) encourage parents to share equally in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

SECTION 5. Section 153.007(a), Family Code, is amended to read as follows:

(a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreed parenting plan containing provisions for conservatorship and possession of the child and for modification of the parenting plan, including variations from:

(1) equal or nearly equal periods of physical possession as provided by an equal parenting order under Section 153.135; or

(2) the alternative [standard] possession order under Subchapter F.

SECTION 6. Section 153.072, Family Code, is amended to read as follows:

Sec. 153.072. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL RIGHTS AND DUTIES. The court may limit the rights and duties of a parent appointed as a conservator only if the court makes a written finding that the limitation is in the best interest of the child.

SECTION 7. Section 153.131(b), Family Code, is amended to read as follows:

(b) It is a rebuttable presumption that the appointment of the parents of a child as joint managing conservators with rights of equal or nearly equal periods of physical possession of and access to the child is in the best interest of the child. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection.

SECTION 8. Section 153.135, Family Code, is amended to read as follows:

Sec. 153.135. EQUAL PARENTING ORDER FOR JOINT MANAGING CONSERVATORS [POSSESSION NOT REQUIRED]. (a) Notwithstanding any other provision of this chapter and except as otherwise provided by this section, if the court renders an order under Section 153.134 appointing both parents of a child as joint [Joint] managing conservators, the court shall render an equal parenting order providing for [conservatorship does not require the award of] equal or nearly equal periods of physical possession of and access to the child to each of the managing [joint] conservators unless the court determines and enters findings of fact on the record specifying that:

(1) an equal parenting order is unworkable or inappropriate due to the work schedule or other special circumstances of a managing conservator or the child, or the school schedule of the child; or

(2) equal or nearly equal periods of physical possession and access are not in the best interest of the child.

(b) If the court determines under Subsection (a) that the equal parenting order is unworkable or inappropriate or not in the best interest of the child, the court may enter an alternative possession order under Subchapter F, including an expanded alternative possession order under Section 153.3171, if applicable. If the court finds that the alternative possession order is unworkable or inappropriate, the court may modify the alternative possession order as provided by Section 153.253. If the court finds that the alternative possession order is not in the best interest of the child, the court may render an order that the court finds to be in the best interest of the child considering the guidelines established by the alternative possession order and the factors provided by Section 153.256.

(c) The court shall render an order appropriate under the circumstances for the possession of a child less than three years of age, as provided by Section 153.254(a), which does not need to provide equal or nearly equal periods of possession of or access to a child to both joint managing conservators. The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be an equal parenting order.

SECTION 9. The heading to Subchapter E, Chapter 153, Family Code, is amended to read as follows:

SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT

NAMED AS POSSESSORY CONSERVATOR OR FOR THE MINIMUM POSSESSION FOR A

PARENT NAMED AS JOINT MANAGING CONSERVATOR

SECTION 10. Sections 153.251(a) and (d), Family Code, are amended to read as follows:

(a) The guidelines established in the alternative [standard] possession order are intended to guide the courts in ordering the terms and conditions for possession of a child by a parent named as a possessory conservator, or as the minimum possession for a joint managing conservator if the court does not render an equal parenting order under Section 153.135.

(d) The equal parenting and alternative [standard] possession orders are [order is] designed to apply to a child three years of age or older.

SECTION 11. Section 153.252, Family Code, is amended to read as follows:

Sec. 153.252. REBUTTABLE PRESUMPTION. In a suit, there is a rebuttable presumption that the alternative [standard] possession order in Subchapter F[:

[(1)] provides reasonable minimum possession of a child for a parent named as a:

(1) possessory conservator; or

(2) joint managing conservator, if the court does not render an equal parenting order under Section 153.135[; and

[(2) is in the best interest of the child].

SECTION 12. Section 153.253, Family Code, is amended to read as follows:

Sec. 153.253. EQUAL PARENTING OR ALTERNATIVE [STANDARD] POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by:

(1) the equal parenting order if the work schedule or other special circumstances of a parent who is a joint managing conservator or the child or the year-round school schedule of the child make the equal parenting order unworkable or inappropriate; or

(2) in circumstances other than those described by Subdivision (1), the alternative [standard] possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the alternative possession [standard] order unworkable or inappropriate.

SECTION 13. Section 153.254(d), Family Code, is amended to read as follows:

(d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be:

(1) if both parents are appointed as joint managing conservators of the child, the equal parenting order; or

(2) in circumstances other than those described by Subdivision (1), the alternative [standard] possession order.

SECTION 14. Section 153.255, Family Code, is amended to read as follows:

Sec. 153.255. AGREEMENT. The court may render an order for periods of possession of a child that vary from the equal parenting order or the alternative [standard] possession order based on the agreement of the parties.

SECTION 15. Section 153.256, Family Code, is amended to read as follows:

Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering the terms of possession of a child under an order other than an equal parenting order or an alternative [a standard] possession order, the court shall be guided by the guidelines established by the equal parenting order or the alternative [standard] possession order, as applicable, and may consider:

(1) the age, developmental status, circumstances, needs, and best interest of the child;

(2) the circumstances of the joint managing conservators or of the managing conservator and of the parent named as a possessory conservator; and

(3) any other relevant factor.

SECTION 16. The heading to Section 153.258, Family Code, is amended to read as follows:

Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM EQUAL PARENTING [STANDARD] ORDER.

SECTION 17. Section 153.258(a), Family Code, is amended to read as follows:

(a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the equal parenting [standard possession] order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the equal parenting [standard] order.

SECTION 18. The heading to Subchapter F, Chapter 153, Family Code, is amended to read as follows:

SUBCHAPTER F. ALTERNATIVE [STANDARD] POSSESSION ORDER

SECTION 19. Section 153.3101, Family Code, is amended to read as follows:

Sec. 153.3101. REFERENCE TO "SCHOOL" IN ALTERNATIVE [STANDARD] POSSESSION ORDER. In an alternative [a standard] possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district in which the child primarily resides.

SECTION 20. Section 153.311, Family Code, is amended to read as follows:

Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR POSSESSION. The court shall specify in an alternative [a standard] possession order that the parties may have possession of the child at times mutually agreed to in advance by the parties and, in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the alternative [standard] possession order.

SECTION 21. Section 153.314, Family Code, is amended to read as follows:

Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

(2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

(3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

(4) the parent not otherwise entitled under this alternative [standard] possession order to present possession of a child on the child's birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;

(5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father's Day and ending on Father's Day at 6 p.m., provided that, if he is not otherwise entitled under this alternative [standard] possession order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place; and

(6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother's Day and ending on Mother's Day at 6 p.m., provided that, if she is not otherwise entitled under this alternative [standard] possession order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.

SECTION 22. Section 153.317(a), Family Code, is amended to read as follows:

(a) If elected by a conservator, the court shall alter the alternative [standard] possession order under Sections 153.312, 153.314, and 153.315 to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child:

(1) for weekend periods of possession under Section 153.312(a)(1) during the regular school term:

(A) beginning at the time the child's school is regularly dismissed;

(B) ending at the time the child's school resumes after the weekend; or

(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);

(2) for Thursday periods of possession under Section 153.312(a)(2):

(A) beginning at the time the child's school is regularly dismissed;

(B) ending at the time the child's school resumes on Friday; or

(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);

(3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child's school is dismissed for those vacations;

(4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child's school is dismissed for the vacation;

(5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child's school is dismissed for the holiday;

(6) for Father's Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father's Day weekend;

(7) for Mother's Day periods of possession under Section 153.314(6):

(A) beginning at the time the child's school is regularly dismissed on the Friday preceding Mother's Day;

(B) ending at the time the child's school resumes after Mother's Day; or

(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);

(8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child's school is regularly dismissed on Thursday; or

(9) for weekend periods of possession that are extended under Section 153.315(a) by a student holiday or teacher in-service day that falls on a Monday, ending at 8 a.m. Tuesday.

SECTION 23. Section 153.3171(a), Family Code, as amended by Chapters 896 (H.B. 3203) and 967 (S.B. 1936), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:

(a) Except as provided by Subsection (b), if the possessory conservator resides not more than 50 miles from the primary residence of the child, the court shall alter the alternative [standard] possession order under Sections 153.312, 153.314, and 153.315 to provide that the conservator has the right to possession of the child as if the conservator had made the elections for alternative beginning and ending possession times under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), (7)(C), (8), and (9).

SECTION 24. Section 153.601(4), Family Code, is amended to read as follows:

(4) "Parenting plan" means the provisions of a final court order that:

(A) set out rights and duties of a parent or a person acting as a parent in relation to the child;

(B) provide for periods of possession of and access to the child, which may be the terms set out in the equal parenting order under Section 153.135 or the alternative [standard] possession order under Subchapter F, and any amendments to the [standard possession] order agreed to by the parties or found by the court to be in the best interest of the child;

(C) provide for child support; and

(D) optimize the development of a close and continuing relationship between each parent and the child.

SECTION 25. The heading to Section 231.1211, Family Code, is amended to read as follows:

Sec. 231.1211. INFORMATIONAL MATERIALS ON EQUAL PARENTING ORDER AND ALTERNATIVE [STANDARD] POSSESSION ORDER.

SECTION 26. Section 231.1211(a), Family Code, is amended to read as follows:

(a) The Title IV-D agency shall create informational materials that describe the equal parenting order under Section 153.135 and the possession schedule under the alternative [standard] possession order under Subchapter F, Chapter 153, including any modified [alternate] schedules or elections available to conservators.

SECTION 27. The enactment of this Act does not constitute a material and substantial change of circumstances sufficient to warrant modification of a court order or portion of a decree that provides for the possession of or access to a child rendered before the effective date of this Act.

SECTION 28. The change in law made by this Act applies to a suit affecting the parent-child relationship that is pending in a trial court on the effective date of this Act or that is filed on or after the effective date of this Act.

SECTION 29. This Act takes effect September 1, 2025.