Relating to the conditions and enforcement of possession orders in suits affecting the parent-child relationship; adding provisions subject to a criminal penalty.
Impact
The bill's alterations to the Family Code emphasize the importance of a structured approach to custody rulings, particularly regarding geographic limitations on a child's primary residence. By mandating that a conservator cannot move the child's primary residence outside a specified area without consent, it seeks to protect the child's stability and minimize disruptions. Critics may argue that such restrictions could limit a parent's ability to relocate for legitimate reasons, yet supporters assert that these measures are necessary to consistently prioritize the child's best interests and create a stable environment.
Summary
House Bill 3949, known as 'Kenyon's Law', is designed to amend provisions related to the enforcement of possession orders in suits affecting the parent-child relationship in Texas. It outlines several conditions under which courts are to operate when determining custody and possession arrangements between parents. Key amendments include regulations governing how conservators can designate the child's primary residence and the stipulation that a court cannot contravene a jury verdict on the appointment of conservatorship roles. This provides a legal framework aimed at reducing discretion in custody decisions, ensuring that jury determinations are upheld in these family law matters.
Contention
One notable point of contention surrounding HB 3949 arises from its introduction of criminal penalties for violations related to interference with custody. By allowing courts to report instances of conduct deemed to hamper custodial orders to district attorneys, the bill strengthens the state's authority to enforce custody laws. This aspect of the bill may receive scrutiny regarding its implications for parental rights and the potential for overreach, particularly in cases where allegations of interference could be based on misunderstandings or conflicts between the parents. Overall, the bill aims to enhance compliance and provide clear legal avenues for enforcement.
Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.
Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.
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.