Texas House Bill HB1899

Texas 2017 - 85th Regular

Caption

Relating to the rendition by a court in a suit affecting the parent-child relationship of an order that is contrary to the expressed wishes of the child's parent.

Impact

Should HB 1899 be enacted, it would significantly alter existing family law by adding explicit protections for parents deemed fit. The amendment reinforces the presumption of fitness for parents, thus raising the standard of evidence that must be met for the court to rule against a parent's wishes. This change could lead to more decisions upholding parental rights in custody and access cases, potentially shifting dynamics in legal disputes between parents over custody arrangements.

Summary

House Bill 1899 addresses the standards used by courts in cases affecting parent-child relationships, specifically focusing on how courts can render orders contrary to a parent's expressed wishes. The essence of the bill emphasizes the need for deference to the wishes of fit parents, ensuring that the best interest of the child remains the central consideration. A key provision stipulates that a court may not issue an order that goes against a fit parent's wishes unless certain conditions are met, like the parent being determined unfit or a compromise being reached with another fit parent.

Contention

Although the bill aims to bolster parental rights, it may also lead to contentious legal battles regarding the definition of a 'fit parent.' Critics could argue that the higher threshold for proving parental unfitness might hinder the courts' ability to act in situations where a child's welfare is at stake. Consequently, disputes may arise regarding what constitutes a fit parent and how the courts will evaluate parental fitness in practice, potentially leading to unequal outcomes depending on individual circumstances.