Relating to the rendition of certain temporary orders during the pendency of a suit for modification of an order that provides for the conservatorship, support, or possession of or access to a child.
Impact
The implications of this bill are significant for family law cases in Texas. The adjustment to existing laws seeks to stabilize the custody arrangements of children during litigation periods and mitigate unnecessary disruptions to their lives. By limiting the court's authority to change a child's primary residence or custodial designation without substantial justification, the legislation aims to protect children from instability during potentially contentious custody disputes. It also emphasizes the necessity for clear, compelling reasons for any interim changes.
Summary
SB1235 relates to the rendering of certain temporary orders while a suit for modification of child conservatorship or support is pending. The bill amends Section 156.006(b) of the Family Code to clarify the circumstances under which a court may issue a temporary order that alters custodial rights or the designation of the primary residence of a child during a modification proceeding. The intention is to prioritize the child's best interest, ensuring that any changes to custodial arrangements are necessary and justified by significant impairments to the child's physical health or emotional development.
Contention
Notably, there may be contention surrounding the interpretation of what constitutes the 'best interest of the child', as such standards can be subjective. Critics of the bill may argue that the constraints placed on temporary orders could hinder a parent's ability to respond promptly to urgent circumstances affecting their child's wellbeing. Supporters, however, would likely stress that maintaining consistent custody arrangements is paramount to a child's welfare during legal disputes. As discussions around this bill unfold, differing opinions are expected regarding the balance between parental rights and child welfare.
Last_action
This bill is set to take effect on September 1, 2017, applying only to modification suits pending before a trial court on or after this effective date.
Identical
Relating to the rendition of certain temporary orders during the pendency of a suit for modification of an order that provides for the conservatorship, support, or possession of or access to a child.
Relating to orders providing for the conservatorship of or possession of and access to a child by the child's parents in a suit affecting the parent-child relationship.
Relating to the rights and duties of each parent that must be specified in certain agreed parenting plans and orders for the joint managing conservatorship of a child.