Texas House Bill HB1080

Texas 2017 - 85th Regular

Caption

Relating to certain procedural measures in a suit affecting a parent-child relationship to protect a child against child neglect or physical or sexual abuse.

Impact

The impact of HB 1080 on state laws would be significant, as it introduces stipulations that could limit visitation rights for parents under specific circumstances involving allegations of abuse. By requiring courts to consider the history of a parent when determining visitation arrangements, the bill aims to protect children from potential harm. Additionally, it mandates that courts may decline to enter judgments on mediated agreements if one party has been a victim of family violence, thereby preventing agreements that could endanger children.

Summary

House Bill 1080 is a legislative measure aimed at enhancing protections within the Texas family law system for children at risk of neglect or abuse. The bill amends the Family Code to create a rebuttable presumption against unsupervised visitation for parents with credible allegations of a history of child neglect or physical or sexual abuse. This measure seeks to ensure that child safety is prioritized in cases affecting parent-child relationships, particularly during custody disputes or mediation processes.

Sentiment

The sentiment around HB 1080 generally reflects a strong concern for child welfare, garnering support from various advocacy groups focused on protecting children from abuse and neglect. Many legislators view this bill as a vital step towards ensuring the safety of vulnerable children in potentially harmful family dynamics. However, there may also be dissent from stakeholders who argue that such measures, while well-intentioned, could inadvertently limit parental rights or interfere with the parental relationship in cases where allegations are unfounded.

Contention

Notable points of contention surrounding HB 1080 include concerns about due process for parents accused of abuse and the implications of having a rebuttable presumption against unsupervised visitation. Critics worry that the bill may lead to unjust restrictions on visitation privileges without sufficient evidence of risk to the child. Additionally, the delineation of what constitutes 'credible evidence' and the criteria for determining visitation rights are likely to be hotly debated, balancing child safety with parental rights and responsibilities.