81R1188 KSD-D
By: Nelson S.B. No. 279
A BILL TO BE ENTITLED
AN ACT
relating to the modification of an order establishing the
conservatorship of a child or providing for the possession of or
access to a child based on military deployment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.006, Family Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Subsection (b)(2) does not apply to a conservator who
has the exclusive right to designate the primary residence of the
child and who has temporarily relinquished the primary care and
possession of the child to another person during the conservator's
military deployment.
(d) In this section, "military deployment" means military
duty ordered for a period of more than six months during which the
person ordered to duty:
(1) is not provided the option of being accompanied by
the person's child; and
(2) is serving in a location where access to the
person's child is not reasonably possible.
SECTION 2. Section 156.101, Family Code, is amended to read
as follows:
Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. (a) The
court may modify an order that provides for the appointment of a
conservator of a child, that provides the terms and conditions of
conservatorship, or that provides for the possession of or access
to a child if modification would be in the best interest of the
child and:
(1) the circumstances of the child, a conservator, or
other party affected by the order have materially and substantially
changed since the earlier of:
(A) the date of the rendition of the order; or
(B) the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
(2) the child is at least 12 years of age and has filed
with the court, in writing, the name of the person who is the
child's preference to have the exclusive right to designate the
primary residence of the child; or
(3) the conservator who has the exclusive right to
designate the primary residence of the child has voluntarily
relinquished the primary care and possession of the child to
another person for at least six months.
(b) Subsection (a)(3) does not apply to a conservator who
has the exclusive right to designate the primary residence of the
child and who has temporarily relinquished the primary care and
possession of the child to another person during the conservator's
military deployment.
(c) In this section, "military deployment" means military
duty ordered for a period of more than six months during which the
person ordered to duty:
(1) is not provided the option of being accompanied by
the person's child; and
(2) is serving in a location where access to the
person's child is not reasonably possible.
SECTION 3. Section 156.102, Family Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) Subsection (b)(3) does not apply to a person who has the
exclusive right to designate the primary residence of the child and
who has temporarily relinquished the primary care and possession of
the child to another person during the conservator's military
deployment.
(e) In this section, "military deployment" means military
duty ordered for a period of more than six months during which the
person ordered to duty:
(1) is not provided the option of being accompanied by
the person's child; and
(2) is serving in a location where access to the
person's child is not reasonably possible.
SECTION 4. Section 156.105, Family Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) If the court determines that modification is in the best
interest of the child based on the military deployment of a person
described by Subsection (b), the court may modify the order or
decree to provide in a manner consistent with Section 153.3161 for
possession of the child during the period of the military
deployment by a person designated by the deployed conservator.
(d) The military deployment of a conservator who has the
exclusive right to designate the primary residence of the child and
who temporarily relinquishes the primary care and possession of the
child to another person during the conservator's deployment does
not by itself constitute a material and substantial change of
circumstances sufficient to justify a modification of an existing
court order or portion of a decree that sets the terms and
conditions for the possession of or access to the child.
SECTION 5. The changes in law made by this Act apply to an
action to modify an order in a suit affecting the parent-child
relationship that is pending in a trial court on the effective date
of this Act or filed on or after that date.
SECTION 6. This Act takes effect September 1, 2009.