Texas Senate Bill SB733

Texas 2021 - 87th 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 implications of SB733 are substantial for family law in Texas. By formally recognizing the death of a conservator as a material change of circumstance, the bill allows courts to revisit conservatorship agreements without requiring extensive legal justification. This can expedite necessary changes to child custody arrangements, thereby potentially reducing the emotional and logistical burdens on children and families affected by such unfortunate circumstances. The bill applies to cases pending on or filed after its effective date, ensuring that its provisions are applicable to a wide range of ongoing custody matters.

Summary

SB733 aims to modify the Texas Family Code regarding conservatorship and child custody arrangements following the death of a conservator. Specifically, the bill introduces Section 156.106, which establishes that the death of a conservator constitutes a significant change in circumstances. This change is sufficient for the court to consider temporary orders or alterations to existing conservatorship terms. The intention behind this legislation is to provide clarity and flexibility in addressing child custody matters when a conservator passes away.

Contention

While SB733 is likely to provide necessary procedural clarity, it does raise some points of contention. Critics may express concern about the potential for hasty custody modifications or alterations that do not fully consider the child's best interests. The bill does mandate that any existing restrictions on a parent's right to access a child be evaluated to ensure they continue to serve the child's welfare, but the subjective nature of 'best interest' determinations can lead to varied interpretations among judicial officials. Consequently, there may be arguments over the effectiveness of the bill in genuinely safeguarding the needs of children in these circumstances.