Texas House Bill HB2643

Texas 2017 - 85th Regular

Caption

Relating to the rendition by the court in a suit affecting the parent-child relationship of a temporary order over the objection of the child's parent.

Impact

The bill aims to clarify the court's powers related to temporary orders during family law proceedings. By establishing clearer guidelines about when a court can act against a parent's objections, it seeks to protect the children's welfare while also safeguarding parental rights. This legislative change is intended to ensure that only necessary and justified interventions are made, streamlining the judicial process regarding family disputes and ensuring that the courts prioritize the child's best interests.

Summary

House Bill 2643 pertains to the court's ability to issue temporary orders in cases involving the parent-child relationship, specifically when there is an objection from a parent. The bill amends Section 105.001 of the Family Code, outlining under which circumstances a court may override a fit parent's objections to a temporary order. Generally, a parent is presumed to be fit, and the court can only proceed against their objections if certain criteria are met, such as determining that the parent is unfit or that not issuing the order will significantly impair the child's well-being.

Contention

While the bill promotes the welfare of children in potentially volatile family situations, it may also generate discussions regarding its implications for parental rights. Advocates for parental rights may express concerns that the legislation could empower courts to intervene inappropriately in family matters. On the other hand, proponents may argue that the safeguards introduced to prevent abuse reassure that interventions will only occur under stringent conditions. The balance between protecting children and preserving parental rights will be a critical aspect of the bill's reception and implementation.