| 1 | 1 | | 85R6523 KSD-F |
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| 2 | 2 | | By: Sanford H.B. No. 2643 |
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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 the court in a suit affecting the |
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| 8 | 8 | | parent-child relationship of a temporary order over the objection |
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| 9 | 9 | | 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 105.001, Family Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) In a suit, except as otherwise provided by Subsection |
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| 15 | 15 | | (a-1), the court may make a temporary order, including the |
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| 16 | 16 | | modification of a prior temporary order, for the safety and welfare |
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| 17 | 17 | | of the child, including an order: |
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| 18 | 18 | | (1) for the temporary conservatorship of the child; |
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| 19 | 19 | | (2) for the temporary support of the child; |
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| 20 | 20 | | (3) restraining a party from disturbing the peace of |
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| 21 | 21 | | the child or another party; |
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| 22 | 22 | | (4) prohibiting a person from removing the child |
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| 23 | 23 | | beyond a geographical area identified by the court; or |
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| 24 | 24 | | (5) for payment of reasonable attorney's fees and |
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| 25 | 25 | | expenses. |
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| 26 | 26 | | (a-1) The court may not render a temporary order under this |
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| 27 | 27 | | section over the objection of the child's parent unless: |
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| 28 | 28 | | (1) the court determines that the objecting parent is |
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| 29 | 29 | | not a fit parent and states on the record the court's basis for that |
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| 30 | 30 | | determination; |
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| 31 | 31 | | (2) the court determines that failing to render the |
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| 32 | 32 | | temporary order will cause significant impairment to the child's |
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| 33 | 33 | | physical health or emotional well-being; or |
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| 34 | 34 | | (3) the court is rendering the temporary order over |
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| 35 | 35 | | the objection of a fit parent at the request of the child's other |
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| 36 | 36 | | parent, who is a fit parent. |
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| 37 | 37 | | (a-2) For purposes of Subsection (a-1), a parent: |
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| 38 | 38 | | (1) is presumed to be a fit parent; and |
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| 39 | 39 | | (2) may be determined not to be a fit parent only if |
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| 40 | 40 | | the court determines that the parent does not adequately care for |
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| 41 | 41 | | the parent's child. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to a suit affecting the parent-child relationship pending before a |
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| 44 | 44 | | trial court or filed on or after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2017. |
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