Texas House Bill HB1491

Texas 2017 - 85th Regular

Caption

Relating to the possession of a child on the child's birthday under a standard possession order in a suit affecting the parent-child relationship.

Impact

The enactment of HB 1491 would have a distinct impact on family law in Texas, particularly concerning how custody and visitation rights are defined and executed on significant personal occasions like birthdays. By detailing explicitly when and how a parent can exercise their right to possession, the bill could offer clarity and reduce disputes between parents regarding birthday celebrations. The law before this bill may not have clearly defined such rights, leading to potential conflicts that could arise during custody exchanges, which may be sensitive and contentious.

Summary

House Bill 1491 addresses the possession of a child on their birthday under a standard possession order within the context of a suit affecting the parent-child relationship. The proposed legislation specifically modifies Section 153.314 of the Texas Family Code to include provisions for a parent who does not otherwise have possession of the child on the child’s birthday. Under the new section added by this bill, such a parent would be entitled to pick up the child from the other parent’s residence at 6 p.m. on the birthday and have possession until 8 p.m., ensuring that both parents have an opportunity to celebrate their child's birthday during this designated period.

Contention

While the bill appears to address the needs of separated parents, it may also ignite contention regarding its implementation. Advocates for parental rights may support the bill as a means to ensure that non-custodial parents can maintain a relationship with their children during special occasions. However, opponents may argue that the legislation could complicate existing custody arrangements or perhaps be misused as a tool for manipulation by a parent. Ultimately, how this change affects the dynamics between parents and their respective custody rights may vary, leading to varied responses among legal practitioners and family advocates.