Texas 2011 - 82nd Regular

Texas House Bill HB1262 Compare Versions

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1	1	82R6517 JSC-D
2	2	By: Thompson H.B. No. 1262
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a court order for the possession of or access to a child
8	8	under three years of age.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 153.254, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The
13	13	court shall render an order appropriate under the circumstances for
14	14	possession of a child less than three years of age. In rendering
15	15	the order, the court shall consider evidence of all relevant
16	16	factors, including:
17	17	(1) the caregiving provided to the child before and
18	18	during the current suit;
19	19	(2) the effect on the child that may result from
20	20	separation from either party;
21	21	(3) the availability of the parties as caregivers and
22	22	the willingness of the parties to personally care for the child;
23	23	(4) the physical, medical, behavioral, and
24	24	developmental needs of the child;
25	25	(5) the physical, medical, emotional, economic, and
26	26	social conditions of the parties;
27	27	(6) the impact and influence of individuals, other
28	28	than the parties, who will be present during periods of possession;
29	29	(7) the presence of siblings during periods of
30	30	possession;
31	31	(8) the child's need to develop healthy attachments to
32	32	both parents;
33	33	(9) the child's need for continuity of routine;
34	34	(10) the location and proximity of the residences of
35	35	the parties;
36	36	(11) the need for a temporary possession schedule that
37	37	incrementally shifts to the schedule provided in the prospective
38	38	order under Subsection (d) based on:
39	39	(A) the age of the child; or
40	40	(B) minimal or inconsistent contact with the
41	41	child by a party;
42	42	(12) the ability of the parties to share in the
43	43	responsibilities, rights, and duties of parenting; and
44	44	(13) any other evidence of the best interest of the
45	45	child.
46	46	(b) Notwithstanding the Texas Rules of Civil Procedure, in
47	47	rendering an order under Subsection (a), the court shall make
48	48	findings in support of the order if:
49	49	(1) a party files a written request with the court not
50	50	later than the 10th day after the date of the hearing; or
51	51	(2) a party makes an oral request in court during the
52	52	hearing on the order.
53	53	(c) The court shall make and enter the findings required by
54	54	Subsection (b) not later than the 15th day after the date the party
55	55	makes the request.
56	56	(d) The court shall render a prospective order to take
57	57	effect on the child's third birthday, which presumptively will be
58	58	the standard possession order.
59	59	SECTION 2. The enactment of this Act does not constitute a
60	60	material and substantial change of circumstances sufficient to
61	61	warrant modification of a court order or portion of a decree that
62	62	provides for the possession of or access to a child rendered before
63	63	the effective date of this Act.
64	64	SECTION 3. The change in law made by this Act applies to a
65	65	suit affecting the parent-child relationship that is pending in a
66	66	trial court on the effective date of this Act or that is filed on or
67	67	after the effective date of this Act.
68	68	SECTION 4. This Act takes effect September 1, 2011.