85R6523 KSD-F
By: Sanford H.B. No. 2643
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.001, Family Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) In a suit, except as otherwise provided by Subsection
(a-1), the court may make a temporary order, including the
modification of a prior temporary order, for the safety and welfare
of the child, including an order:
(1) for the temporary conservatorship of the child;
(2) for the temporary support of the child;
(3) restraining a party from disturbing the peace of
the child or another party;
(4) prohibiting a person from removing the child
beyond a geographical area identified by the court; or
(5) for payment of reasonable attorney's fees and
expenses.
(a-1) The court may not render a temporary order under this
section over the objection of the child's parent unless:
(1) the court determines that the objecting parent is
not a fit parent and states on the record the court's basis for that
determination;
(2) the court determines that failing to render the
temporary order will cause significant impairment to the child's
physical health or emotional well-being; or
(3) the court is rendering the temporary order over
the objection of a fit parent at the request of the child's other
parent, who is a fit parent.
(a-2) For purposes of Subsection (a-1), a parent:
(1) is presumed to be a fit parent; and
(2) may be determined not to be a fit parent only if
the court determines that the parent does not adequately care for
the parent's child.
SECTION 2. The change in law made by this Act applies only
to a suit affecting the parent-child relationship pending before a
trial court or filed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.