Texas House Bill HB2047

Texas 2019 - 86th Regular

Caption

Relating to limiting possession of and access to a child by certain parents.

Impact

The adoption of HB 2047 would result in significant changes to Texas family law, particularly in cases involving custody and visitation rights. Courts will be required to examine the criminal history of parents more rigorously. The bill states that if a parent has a qualifying criminal conviction, they will not be allowed unsupervised visitation with their child if the offense occurred within five years prior to the filing of the custody suit. If the conviction happened more than five years ago, unsupervised visitation can only be granted if it is determined to be in the best interest of the child. This stipulation could lead to an increased number of cases where custodial arrangements are heavily influenced by parental history.

Summary

House Bill 2047 addresses issues surrounding child custody and access by establishing restrictions based on a parent's criminal convictions. Specifically, the bill proposes that a court cannot designate a parent as a sole managing conservator or joint managing conservator if that parent has been convicted of specific sexual offenses against minors. The offenses referenced include serious crimes such as sexual assault and indecency with a child. This measure aims to ensure the safety and welfare of children in custody decisions, by prioritizing their well-being in relation to parental background checks.

Contention

The potential for contention arises from concerns over how the bill could affect parents with past convictions, even if those convictions are not directly related to child safety. Supporters argue that the bill provides necessary protections for children, ensuring they are not exposed to potentially dangerous situations. However, critics fear that the bill could unfairly prolong the ramifications of a parent's past, preventing them from re-establishing a relationship with their child even if they have made significant positive changes in their life. This could lead to debates about the implications for rehabilitation and the ability of families to reunite after a period of separation.