Texas Senate Bill SB816

Texas 2017 - 85th Regular

Caption

Relating to the rendition by a court in a suit affecting the parent-child relationship of an order that is contrary to the expressed wishes of the child's parent.

Impact

If enacted, SB816 would reinforce parental rights by ensuring that the courts prioritize the expressed wishes of fit parents in cases affecting their children. This change is anticipated to strengthen family autonomy in custody matters and reduce the possibility of state intervention except in clear instances where a parent's fitness is in doubt. The bill promotes a legal standard that presumes parents to be fit, thereby placing the onus on the state to prove otherwise through clear and convincing evidence.

Summary

SB816 aims to amend Section 153.002 of the Texas Family Code concerning the court's authority in rendering orders related to the parent-child relationship. The bill emphasizes that the best interest of the child must be the primary consideration in conservatorship and access decisions. Notably, the bill places significant weight on the expressed wishes of a child's parent and restricts courts from issuing orders that contradict these wishes unless specific criteria are met. These criteria include determining that the parent is not fit, the other parent is a fit parent who supports the order, or that a compromise is reached between fit parents.

Contention

There may be points of contention surrounding the interpretation of 'fit parent' and the criteria for overriding a parent's wishes in court orders. Proponents of the bill believe it enhances parental rights and protects children by ensuring that fit parents have the foremost say in custody matters. However, critics may argue that such provisions could potentially overlook cases where children's welfare might be at risk, thus raising concerns about parental fitness assessments and potential misuse by non-custodial parents to manipulate custody outcomes.