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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of the best interest of the child in |
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certain suits 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. Section 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
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interest of the child shall always be the primary consideration of |
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the court in determining the issues of conservatorship and |
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possession of and access to the child. |
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(b) In a suit between a parent and a nonparent, it is a |
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rebuttable presumption that: |
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(1) a parent acts in the best interest of the parent's |
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child; and |
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(2) it is in the best interest of a child to be in the |
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care, custody, and control of a parent. |
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(c) In a suit between a parent and a nonparent, the |
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nonparent may overcome the presumption under Subsection (b) by |
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proving by clear and convincing evidence that denial of the relief |
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requested by the nonparent would significantly impair the child's |
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physical health or emotional development. |
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SECTION 2. Section 156.101, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In a suit for modification between a parent and a |
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nonparent, the presumption under Section 153.002(b) applies. The |
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presumption is rebutted if, in the order subject to modification, |
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the presumption was rebutted with respect to the child who is the |
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subject of the suit. |
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SECTION 3. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on or after the effective date of this Act or filed on or |
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after that date. |
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SECTION 4. This Act takes effect September 1, 2025. |