Texas House Bill HB3883

Texas 2017 - 85th Regular

Caption

Relating to interference with possession of or access to a child; providing penalties.

Impact

The proposed legislation is designed to strengthen existing laws by providing additional remedies for violations related to child custody and access. A notable change includes the ability for courts to render temporary orders to enforce access rights immediately, thereby preventing long-term disruption of visitation schedules. Moreover, it sets penalties for parents who interfere with rightful access, including fines up to $500 per incident and potential judicial enforcement actions. The changes signify a shift towards prioritizing the consistent enforcement of parenting arrangements as determined by courts, potentially affecting many families navigating custody issues in Texas.

Summary

HB3883 addresses the issue of interference with possession of or access to a child, establishing new enforcement mechanisms and penalties for violations. The bill amends the Family Code to allow courts to enforce provisions of custody orders through contempt charges, even without a party initiating a modification proceeding. This means that adjustments can be made more swiftly when one parent obstructs another's access to their child as mandated by a court order. Importantly, this bill aims to enhance the legal framework surrounding child custody and visitation disputes, making it easier for parents to assert their rights when their access is denied.

Contention

While HB3883 aims to clarify and expedite legal remedies in custody disputes, it may also raise concerns regarding potential overreach and implications for custodial rights. Critics may argue that the bill could exacerbate tensions between co-parents, particularly in contentious separations or cases involving allegations of domestic violence. Additionally, the expedited enforcement provisions, although beneficial for many, could lead to situations where misunderstandings about access rights result in penalties for parents acting in good faith or within a context of personal crises. Overall, the discussions surrounding this bill are likely to involve a careful balancing of the enforcement of parental rights against the need to protect all parties involved, particularly the children.