Texas House Bill HB3761

Texas 2019 - 86th Regular

Caption

Relating to the rendition of certain temporary orders in a suit affecting the parent-child relationship in anticipation of a parent's military deployment, military mobilization, or temporary military duty.

Impact

By implementing Subsections (a-1) and (a-2) to Section 153.702 of the Family Code, HB3761 provides servicemen and servicewomen with greater legal protections and the opportunity to secure stable arrangements regarding their children during periods of military duty. The temporary order, once granted, is set to expire one year after issuance unless the conservator is ordered to military service within that time frame. This modification recognizes the unpredictable nature of military service and the need for proactive legal measures to safeguard family relationships during deployments.

Summary

House Bill 3761 addresses the issuance of temporary orders in legal proceedings affecting parent-child relationships specifically in the context of a parent's military deployment, mobilization, or temporary military duty. The bill aims to streamline the process for conservators anticipating military obligations by allowing them to file for temporary orders without needing to have been officially ordered for deployment. This provision is particularly beneficial in situations where there may be insufficient time for an expedited hearing upon receiving a military deployment notice.

Contention

While the bill seeks to provide clarity and support for military families, it may also prompt discussions regarding possible implications on existing custody arrangements. Critics may argue that hastily issued temporary orders could potentially affect the rights of other conservators, especially if the original custodial agreement is modified without sufficient oversight. As the bill emphasizes expedience for military personnel, it raises questions about ensuring the best interests of the children involved and the adequacy of the legal safeguards in place to prevent abuse of the temporary order provisions.