Texas Senate Bill SB1246

Texas 2013 - 83rd Regular

Caption

Relating to possession of or access to a child.

Impact

If enacted, SB1246 would fundamentally alter how possession orders are structured in Texas, creating a more defined framework for courts when establishing visitation rights. It confirms that possession orders should consider school timings and allows flexibility based on the child’s educational environment. This alteration intends to reduce misunderstandings in possession schedules and enhance the consistency of orders across different cases, benefiting families navigating custody arrangements.

Summary

Senate Bill 1246 proposes amendments to the Texas Family Code concerning the possession of or access to a child by a non-custodial parent. The central focus of the bill is to standardize the terms under which a possessory conservator can have visitation. The proposed changes introduce specific timelines for possession during weekends and holidays, linking them to the child’s school schedule. This aims to enhance clarity on the time shares between parents and ensure the arrangements are in the best interest of the child.

Sentiment

The sentiment around SB1246 appears mixed among legislators and families affected by custody disputes. Proponents argue that the bill is a step toward progressive family law that simplifies the enforcement of visitation rights, making them more understandable for parents and children alike. However, critics express concern that too rigid a structure may not accommodate specific family circumstances that require objective consideration. Overall, the discussion reflects a desire for a more child-centered approach to custody decisions.

Contention

Notable points of contention include potential challenges surrounding the bill’s implementation. Critics worry that the standardized possession schedule could overlook individual family dynamics that might require tailored solutions focused on the unique needs of the children and parents involved. Furthermore, questions regarding the enforceability of the proposed changes may arise, as differing opinions on what constitutes the 'best interest of the child' could lead to disputes in court regarding the application of the new standard provisions.