Texas House Bill HB1151

Texas 2009 - 81st Regular

• Out of House Committee: 4/29/09
• Voted on by House: 5/6/09
• Out of Senate Committee: 5/21/09
• Voted on by Senate: 5/23/09
• Governor Action: 6/19/09
• Enrolled: 5/31/09
• Passed: 6/19/09

Caption

Relating to suits affecting the parent-child relationship, including temporary orders, orders for modification, adoption assistance, and foster care.

Impact

The passage of HB 1151 is poised to influence the process of custody determinations significantly. By allowing children the opportunity to articulate their preferences in custody proceedings, the bill seeks to ensure that the orders made by the court reflect the child's wishes and circumstances more accurately. The requirement for a child to be at least 12 years old to express their preference aligns with developmental considerations, recognizing that older children may possess the maturity to communicate their needs and desires effectively. Furthermore, the bill outlines the circumstances under which a temporary order can be altered, such as significant changes in the child's environment or the voluntary relinquishing of custody by a conservator.

Summary

House Bill 1151 addresses temporary orders and modification orders in suits affecting the parent-child relationship, with specific amendments to the Texas Family Code. The bill allows for a child's preference regarding their primary residence to be expressed to the court, providing that the child is at least 12 years old. This inclusion aims to give children a voice in custody decisions, potentially impacting ongoing custody disputes and the way courts approach such cases. The bill lays out conditions under which temporary orders may be modified, emphasizing the necessity of acting in the child's best interest.

Contention

Notably, there may be points of contention surrounding HB 1151, particularly concerning the implications of allowing children to express their preferences. Some stakeholders may argue that this could lead to undue pressure on children or may not adequately consider the nuances of each child's situation. Additionally, debates could arise regarding the assessment of what constitutes the 'best interest of the child,' as this is a subjective standard that may yield different interpretations based on individual cases. Proponents affirm that empowering children in these scenarios ensures that their voices are heard, while critics might express concern regarding the emotional ramifications involved in such discussions.