Texas House Bill HB3806

Texas 2017 - 85th Regular

Caption

Relating to a suit for possession of or access to a child by a grandparent.

Impact

The enactment of HB 3806 would mark a significant change in how family courts in Texas handle grandparent access and custody cases. By easing the burden of proof for grandparents seeking access, the law is designed to facilitate a more welcoming environment for grandparental involvement in the lives of their grandchildren, especially in circumstances where parental situations are compromised due to incarceration, incompetence, or death.

Summary

House Bill 3806 addresses the legal framework surrounding grandparent access to grandchildren, specifically amending the Texas Family Code. The bill allows grandparents to request possession of or access to their grandchildren under specific circumstances where at least one biological or adoptive parent has not had their parental rights terminated. Furthermore, the bill removes the requirement for expert testimony in cases where a grandparent needs to prove that the denial of access would significantly impair the child's physical or emotional well-being.

Contention

Despite its positive intent, the bill may provoke controversy, particularly around issues of parental rights. Some critics argue that the changes could undermine the presumption that parents act in the best interest of their children, potentially enabling grandparents to gain access or custody in situations where it may not align with the parents' wishes. The debate centers on balancing the rights of grandparents to maintain familial ties with the fundamental rights of parents to govern their children's welfare without outside interference.