Texas House Bill HB1361

Texas 2017 - 85th Regular

Caption

Relating to the dismissal of certain suits affecting the parent-child relationship in which the court has rendered a temporary order.

Impact

The enactment of HB1361 could significantly streamline family court processes by automatically dismissing cases that may otherwise linger in the judicial system without resolution. This could reduce the backlog of cases that courts face, allowing for more timely adjudication of family law matters. However, it also places a definitive timeline on litigants, which could impact parties involved who may require more time to prepare their cases. The bill applies to temporary orders rendered after the effective date, thus ensuring that ongoing legal proceedings are not retroactively affected.

Summary

House Bill 1361 addresses the procedural aspects of legal suits that involve the parent-child relationship, specifically in cases where a temporary order has been issued by the court. The bill seeks to amend Chapter 105 of the Family Code by adding a new section that stipulates the dismissal of certain cases after a year if certain conditions are met. Essentially, if a person who is not a biological parent filed a suit and a temporary order was issued for custody or access to a child, the court's jurisdiction will automatically terminate one year post-order unless the trial has begun.

Contention

While the bill's proponents might see it as a necessary measure to promote efficiency in the family court system, opponents may voice concerns about the strict one-year dismissal rule. Specifically, there may be objections from advocates who worry that the bill could negatively impact individuals seeking to solidify their custodial rights who may need more than a year to navigate the legal process. There are also potential implications for cases involving complex family dynamics where extended timeframes could be beneficial to ensure fairness in custody determinations.