Texas House Bill HB1228

Texas 2013 - 83rd Regular

Caption

Relating to consideration by the court of sexual abuse and conduct that constitutes sexual assault in certain suits affecting the parent-child relationship.

Impact

The proposed amendments indicate a shift in how Texas law handles accusations and evidence relating to sexual abuse in custody cases. Courts will now be required to consider evidence of intentional abusive behavior within a two-year period prior to the filing of a suit, allowing for a more comprehensive assessment of an individual's fitness as a conservator. This could lead to stricter limitations on access for individuals with documented histories of violence, ultimately influencing decisions about custody arrangements and parenting time.

Summary

House Bill 1228 addresses significant issues surrounding sexual abuse and family violence, particularly in cases affecting the parent-child relationship. The bill amends the Family Code to enhance the court's ability to consider acts of sexual abuse and domestic violence when making determinations regarding conservatorship and access to children. The bill emphasizes the need to prioritize the protection of children's well-being in custody arrangements and seeks to clarify the evidentiary standards that should be applied in these sensitive cases.

Contention

One notable discussion point surrounding HB 1228 is the balance it seeks to achieve between protecting children and ensuring that parents' rights are not unduly infringed. Supporters argue that the legislation is essential for safeguarding vulnerable children from potential harm by abusive parents. However, critics may raise concerns about the implications this legislation has for parents who may face allegations but lack a conviction, jeopardizing their access to their children. This aspect of the bill could potentially lead to contentious legal battles, adding complexity to family law cases.