Texas House Bill HB3595

Texas 2019 - 86th Regular

Caption

Relating to the modification of an order establishing the conservatorship or possession of or access to a child after a conservator's death.

Impact

The bill impacts Texas Family Code by explicitly stating that the death of a conservator is a 'material and substantial change of circumstances.' This provision enables courts to reconsider existing orders, aiming for outcomes that prioritize the child's best interests. It ensures that legal proceedings can adjust relatively quickly to the realities of changing family situations, reinforcing the law's commitment to children's welfare.

Summary

House Bill 3595 focuses on modifications to orders regarding conservatorship and access to children following the death of a conservator. The bill introduces a legal mechanism that recognizes the death of a conservator as a significant change in circumstances that can warrant a re-evaluation and potential modification of existing custody arrangements. This change is pivotal as it allows for more flexibility and responsiveness in family law, especially in situations where the dynamics of child custody may dramatically change following a conservator's death.

Contention

While the bill aims to streamline and enhance the responsiveness of family law to changing circumstances, there may be concerns regarding the criteria for modification. The requirement for courts to consider any prior restrictions on parental access could lead to disagreements between parties in custody disputes, particularly if the deceased conservator previously had restrictions placed upon them. This element of the bill might invoke discussion among family law advocates about the balance between protecting children's interests and ensuring fair treatment for all parents involved.