Texas House Bill HB1229

Texas 2011 - 82nd Regular

• Introduced: 2/9/11
• Refer: 3/1/11

Caption

Relating to equal parenting orders in suits affecting the parent-child relationship.

Impact

The bill is poised to significantly influence outcomes in child custody cases throughout Texas. By incorporating a presumption towards equal time-sharing arrangements, HB1229 aims to foster continuity in parent-child relationships post-separation or divorce. If passed, the legislation would impact existing court orders by necessitating courts to consider equal parenting as a default option unless it is proven not to be in the child's best interest.

Summary

House Bill 1229 seeks to amend the Family Code in Texas concerning equal parenting orders in suits affecting the parent-child relationship. The bill establishes a framework for courts to prioritize equal parenting arrangements when appointing joint managing conservators. Under the newly introduced Subchapter F-1, if the court determines that an equal parenting order is in the best interest of the child, it is required to provide a possession schedule that allows for alternating periods of custody between parents, with various options specified for the duration of these arrangements.

Sentiment

The sentiment surrounding HB1229 is largely supportive among advocates for shared parenting rights, who view it as a cornerstone for enhancing children's welfare through stable relationships with both parents. However, some concerns have been raised about the potential challenges it might introduce, such as logistical difficulties in enforcement or the feasibility of equally shared time based on varying parental circumstances. Stakeholders from different sides express a mix of hope for common-sense reform alongside apprehensions about practical implementation.

Contention

Notable points of contention involve the balance between parental rights and the nuanced realities of potentially harmful situations, such as domestic violence or substance abuse. While proponents argue that equal parenting serves the best interest of the child by promoting ongoing parental involvement, opponents caution against automatically favoring equal arrangements without thorough consideration of individual cases, thereby urging that previous historical issues affecting a parent's fitness should also be taken into account.