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