| 1 | 1 | | 85R6519 JSC-F |
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| 2 | 2 | | By: Sanford H.B. No. 1899 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the rendition by a court in a suit affecting the |
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| 8 | 8 | | parent-child relationship of an order that is contrary to the |
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| 9 | 9 | | expressed wishes of the child's parent. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 153.002, Family Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | Sec. 153.002. BEST INTEREST OF CHILD; DEFERENCE TO PARENT. |
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| 14 | 14 | | (a) Except as otherwise provided by this section, the [The] best |
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| 15 | 15 | | interest of the child shall always be the primary consideration of |
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| 16 | 16 | | the court in determining the issues of conservatorship and |
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| 17 | 17 | | possession of and access to the child. |
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| 18 | 18 | | (b) The court may not render an order contrary to the |
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| 19 | 19 | | expressed wishes of a child's parent unless: |
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| 20 | 20 | | (1) the court determines that the parent is not a fit |
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| 21 | 21 | | parent; |
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| 22 | 22 | | (2) the order conforms with the expressed wishes of |
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| 23 | 23 | | the child's other parent, who is a fit parent; or |
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| 24 | 24 | | (3) the order is a compromise between the expressed |
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| 25 | 25 | | wishes of both parents, who are fit parents. |
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| 26 | 26 | | (c) For purposes of this section, a parent: |
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| 27 | 27 | | (1) is presumed to be a fit parent; and |
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| 28 | 28 | | (2) may be determined not to be a fit parent only if it |
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| 29 | 29 | | is shown by clear and convincing evidence that the parent does not |
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| 30 | 30 | | adequately care for the parent's child. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to a suit affecting the parent-child relationship pending before a |
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| 33 | 33 | | court on or filed on or after the effective date of this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2017. |
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