Texas House Bill HB756

Texas 2021 - 87th Regular

Caption

Relating to a suit for possession of or access to a child by a grandparent.

Impact

If enacted, HB 756 is likely to influence existing child custody laws and practices in Texas, particularly those relating to grandparent rights. By emphasizing the importance of emotional well-being and simplifying legal access for grandparents, the bill could result in more grandparental engagement in children's lives, especially in situations where parents may be unable to fulfill their roles effectively. Ultimately, the bill seeks to carve out a balanced approach that prioritizes children's well-being while recognizing the significant role grandparents can play in families.

Summary

House Bill 756 focuses on enhancing the legal framework surrounding grandparent access to their grandchildren. The bill aims to amend the Family Code by allowing grandparents to file for possession or access to their grandchildren under specific conditions. Among the notable changes is the requirement for the court to appoint a guardian ad litem at the request of a grandparent involved in such a suit, ensuring that the child's best interests are represented independently in the legal process. This is a significant procedural inclusion that seeks to safeguard children's welfare during custody disputes involving grandparents. One of the core components of HB 756 is the criteria established for granting access or possession to a grandparent. It clarifies that for a grandparent to obtain this right, at least one parent must retain their parental rights, and the grandparent must demonstrate that denying access would significantly impair the child's physical health or emotional well-being. This creates a higher burden of proof for grandparents seeking access, which is intended to balance the rights of parents against those of grandparents in custody matters. The bill further stipulates that grandparents are no longer required to provide expert testimony to meet this burden of proof, which may simplify the process for them. This change could potentially lead to more grandparents being able to navigate the legal system without facing barriers related to expert opinions, thereby reducing the complexity and expense of obtaining legal access to their grandchildren. However, there are points of contention surrounding HB 756. Critics might argue that the alterations could disrupt the existing balance of rights between parents and grandparents, fearing that the bill may encourage disputes or exacerbate tensions within families. Supporters believe that it provides a necessary avenue for grandparents to maintain relationships with their grandchildren who may be facing adverse family situations, highlighting the potential for improved emotional outcomes for children affected by such family structures.