Relating to a court order for the possession of or access to a child under three years of age.
Impact
If enacted, SB820 would have significant implications for family law in Texas, particularly in cases involving very young children. The legislation directs courts to consider a variety of factors, potentially leading to more structured and consistent outcomes in custody-related decisions. By integrating a wider array of considerations, including caregiving history and developmental necessities, the bill aims to establish more balanced custody arrangements that prioritize the child’s well-being and stability.
Summary
SB820 amends Section 153.254 of the Texas Family Code, focusing on court orders regarding the possession of or access to children under three years of age. The bill establishes a set of relevant factors that courts must consider when rendering such decisions. These factors include not only the caregiving provided prior to the lawsuit but also the emotional, physical, and developmental needs of the child, thereby aiming to put the best interest of the child at the forefront of legal determinations. This reflects a legislative intent to protect the welfare of young children in custody disputes.
Contention
There may be points of contention surrounding this bill, particularly regarding the balance between parental rights and the best interests of young children. Critics could raise concerns over how effectively the bill's guidelines can be implemented, with fears that subjective interpretations of what constitutes 'best interests' may lead to inconsistent judicial outcomes. Additionally, the stipulation for courts to enter prospective orders based on the child's third birthday may initiate discussions about transitional custody arrangements and their design, which could provoke diverse opinions among stakeholders in family law.
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.