Texas House Bill HB3841

Texas 2019 - 86th Regular

Caption

Relating to military duty of a conservator of a child in a suit affecting the parent-child relationship.

Impact

The bill significantly influences the existing statutory framework governing child conservatorships, particularly in relation to military personnel. It reinforces the necessity for courts to maintain fairness and equity, ensuring military obligations do not adversely affect a parent's custodial rights. By codifying protections against discrimination based on military duties, the bill also safeguards the stability and continuity of the parent-child relationship, even during the service member's deployment.

Summary

House Bill 3841 addresses the implications of military duty on conservatorship concerning children in Texas. The bill aims to amend the Family Code to ensure that when a conservator of a child is ordered to military deployment or is under a long-term military obligation, provisions are made to protect their rights and the child's well-being. It introduces specific clauses detailing temporary orders for custody, visitation, and scenarios concerning designated individuals who may take over custodial duties during these absences. Additionally, it emphasizes that courts cannot disadvantage a conservator solely based on their military service.

Contention

While the bill primarily aims to protect the interests of children and military families, it may lead to disputes regarding the interpretation of what constitutes the child's 'best interest' amidst unique circumstances associated with military service. Critics might argue that the eased custody modifications could grant excessive flexibility to service members, potentially leading to instability in established custodial arrangements. Hence, while promoting the rights of military parents, there remains a balance to be struck to ensure the continued welfare of the children involved.