Relating to the conservatorship or possession of, or access to, a child by a parent who is deployed by the military.
Impact
The implications of HB 63 are significant for military parents and their children. By prohibiting courts from making custody decisions based solely on a parent's military deployment, the bill aims to prevent potential injustices that could arise due to the parent's absence. It ensures that service members will not be unfairly penalized in guardianship or custody disputes simply because they are fulfilling their military obligations. The changes in law will apply to any ongoing or future suits related to parent-child relationships as of the effective date of September 1, 2009.
Summary
House Bill 63 proposes an amendment to the Family Code, specifically adding Section 151.004, which addresses the issue of court orders in cases affecting the parent-child relationship when a parent is deployed by the military. The bill explicitly prohibits courts from rendering any order that would affect a parent's possession of or access to their child solely based on the parent's temporary absence due to military service. This reflects a recognition of the unique challenges that military families face during deployments.
Contention
Despite its supportive intent for military families, there may be points of contention surrounding HB 63 related to how it balances the rights of custodial parents and the best interests of the child. Critics might argue that in certain situations, a parent's absence during deployment could impact their ability to maintain a meaningful relationship with their child, which could be a crucial factor in custody determinations. Nonetheless, the bill focuses on ensuring that military parents retain their rights and not face negative repercussions as a result of their service.
Similar
Relating to a prohibition against certain court orders in a suit affecting the parent-child relationship during a parent's military deployment.
Relating to orders providing for the conservatorship of or possession of and access to a child by the child's parents in a suit affecting the parent-child relationship.
Relating to the rights and duties of each parent that must be specified in certain agreed parenting plans and orders for the joint managing conservatorship of a child.
Relating to prohibiting the conservatorship of a child by a parent who removes the child from this state for certain purposes relating to gender reassignment.
Relating to the military deployment, military mobilization, or temporary military duty of a conservator in a suit affecting the parent-child relationship.
Relating to an award of additional periods of possession of or access to a child for certain conservators who have returned from active military deployment.