Texas 2013 - 83rd Regular

Texas House Bill HB2547

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a suit for possession of or access to a child by a grandparent.

Impact

If enacted, HB 2547 may lead to significant changes in the dynamics of child custody and access cases involving grandparents. The amendments clarify the evidentiary burden that grandparents must meet and streamline the process by mandating an expedited hearing. Additionally, the bill specifies that a court may not impose geographic restrictions on grandparents seeking access, providing more flexibility in visitation arrangements. This could potentially result in more successful outcomes for grandparents in custody disputes, particularly when parents oppose access.

Summary

House Bill 2547 pertains to the rights of grandparents regarding possession of or access to their grandchildren. This bill modifies existing provisions under the Family Code, establishing specific criteria that must be met for a grandparent to be granted access or custody rights. Importantly, the bill stipulates that a grandparent must prove that denying them possession or access would significantly impair the child's physical health or emotional well-being. The burden of proof lies with the grandparent at an initial hearing, which must occur within 45 days after the filing of the suit.

Contention

Notably, there may be points of contention regarding the balance of parental rights and the rights of grandparents. Opponents of HB 2547 might argue that the bill undermines the presumption that parents act in the best interests of their children, as it places an evidentiary burden on them to justify denying access to grandparents. Furthermore, the assessment of frivolous lawsuits could lead to disputes over what constitutes harassment or a legitimate claim, potentially creating a tense legal environment between parents and grandparents that could impact family relations.

Companion Bills

TX SB1194

Identical Relating to a suit for possession of or access to a child by a grandparent.

Similar Bills

MI HB4217

Family law: parenting time; grandparenting time; modify. Amends secs. 2, 7 & 7b of 1970 PA 91 (MCL 722.22 et seq.).

CO HB1026

Family Time For Grandparents

HI HB589

Relating To Child Visitation.

HI HB1913

Relating To Child Visitation.

IL SB1278

GRANDPARENTS AS CAREGIVERS

IL SB1642

IMDMA-VISITATION-NONPARENTS

IL SB1589

IMDMA-VISITATION-NONPARENTS

IL HB4452

IMDMA-GRANDPARENT VISITATION