84R23044 JSC-D
By: Peña, et al. H.B. No. 2363
Substitute the following for H.B. No. 2363:
By: Dutton C.S.H.B. No. 2363
A BILL TO BE ENTITLED
AN ACT
relating to equal parenting orders in suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.001(a), Family Code, is amended to
read as follows:
(a) The public policy of this state is to:
(1) assure that children will have frequent and
continuing contact with parents who have shown the ability to act in
the best interest of the child;
(2) provide a safe, stable, and nonviolent environment
for the child; and
(3) encourage parents to share equally in the rights
and duties of raising their child after the parents have separated
or dissolved their marriage.
SECTION 2. Section 153.134, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) If the court renders an order appointing the parents
joint managing conservators under this section, the court shall
enter a possession order under Subchapter F-1 that provides for
equal parenting, unless the court determines that order is not in
the best interest of the child, in which case the court may enter:
(1) a standard possession order as provided by
Subchapter F; or
(2) another order regarding possession that the court
determines is in the best interest of the child.
SECTION 3. Chapter 153, Family Code, is amended by adding
Subchapter F-1 to read as follows:
SUBCHAPTER F-1. EQUAL PARENTING ORDER
Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER.
Notwithstanding any other provision of this chapter, a court shall,
as an alternative to the standard possession order under Subchapter
F, enter an order providing for periods of possession of a child in
accordance with this subchapter if the court:
(1) appoints the parents joint managing conservators
under Section 153.134; and
(2) determines that:
(A) the order would be in the best interest of the
child; and
(B) the distance between the residences of the
parents makes compliance with an equal parenting order reasonable
for the parents and the child.
Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING
ORDER. (a) Subject to Subsection (b), a court may enter an order
under this subchapter that provides that each parent has the right
to possession of the child under one of the following arrangements:
(1) an arrangement under which each parent has
possession of the child for one week at a time, alternating weeks of
possession with the other parent, with no modification based on
holidays that occur during each week, but subject to modification
based on agreement by each parent;
(2) an arrangement under which each parent has
possession of the child for two weeks at a time, alternating
two-week periods of possession with the other parent, with one
weeknight of possession exercised during each week of the period by
the parent not otherwise in possession during that period, and
subject to modification based on agreement by each parent;
(3) an arrangement under which each parent has
possession of the child for four weeks at a time, alternating
four-week periods of possession with the other parent, with one
weeknight of possession exercised during each week of the period by
the parent not otherwise in possession during that period, and
subject to modification based on agreement by each parent; or
(4) an arrangement under which each parent has
possession of the child under a schedule specified by the court,
provided that:
(A) the schedule may not grant possession to a
parent for a number of days each year that exceeds the number of
days of possession granted to the other parent for that year by more
than five days; and
(B) the schedule must alternate on a yearly basis
the parent who is granted possession for a number of days for the
year that exceeds the number of days granted to the other parent.
(b) A court shall provide parents with the opportunity to
select by agreement one of the arrangements described by Subsection
(a)(1), (2), or (3), subject to the court's determination that the
selected arrangement is in the best interest of the child. If the
parents do not agree, the court may order any arrangement described
by Subsection (a).
SECTION 4. 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 5. 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 6. This Act takes effect September 1, 2015.