Texas Senate Bill SB491

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/19/09
• Voted on by Senate: 4/2/09
• Out of House Committee: 5/15/09

Caption

Relating to consideration of family violence in the risk assessment for international parental abduction of a child.

Impact

The passage of SB491 is expected to enhance the judiciary's ability to address concerns surrounding international parental abduction, particularly in situations where there is a history of family violence. This could lead to more informed custody decisions and protective measures for children in precarious situations. The bill suggests a broader understanding of how domestic abuse complicates custody scenarios, emphasizing the need for thorough assessments of parental backgrounds during legal proceedings.

Summary

SB491 focuses on the consideration of family violence in risk assessments for international parental abduction of a child. The bill aims to amend the Family Code, particularly Section 153.502, by allowing courts to consider a parent’s history of domestic violence as a significant factor when determining the potential risk of abduction. The implication is that a documented history of violence could prompt courts to act with greater caution regarding custody arrangements that may expose children to potential abduction by a parent deemed a risk.

Contention

While many support the bill for its protective stance towards children, it may encounter opposition from those concerned about the implications of broadly interpreting domestic violence claims. Critics may argue that such measures could unduly influence custody outcomes and potentially be misapplied to diminish a parent's rights without due cause. The balance between protecting children from genuine threats and ensuring fair treatment of non-abusive parents remains a contentious point that underscores the discussions surrounding SB491.