87R5069 MLH-D
By: Dutton H.B. No. 756
A BILL TO BE ENTITLED
AN ACT
relating to a suit for possession of or access to a child by a
grandparent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Part 2, Subchapter B, Chapter 107, Family Code,
is amended by adding Section 107.024 to read as follows:
Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR
POSSESSION OR ACCESS BY GRANDPARENT. (a) In a suit filed under
Section 153.432 requesting possession of or access to a grandchild,
the court shall appoint a guardian ad litem for the grandchild at
the request of a grandparent who is a party to the suit.
(b) Notwithstanding Section 107.002(e), a guardian ad litem
appointed under this section shall submit to the court a report
regarding the guardian ad litem's recommendations relating to:
(1) the grandparent's possession of or access to the
grandchild in accordance with Section 153.433; and
(2) the bases for the guardian ad litem's
recommendations.
SECTION 2. Section 153.432, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) An affidavit submitted under Subsection (c) is not
required to contain expert opinion.
SECTION 3. Section 153.433, Family Code, is amended to read
as follows:
Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a)
The court may order reasonable possession of or access to a
grandchild by a grandparent if:
(1) at the time the relief is requested, at least one
biological or adoptive parent of the child has not had that parent's
parental rights terminated; and
(2) the grandparent requesting possession of or access
to the child overcomes the presumption that a parent acts in the
best interest of the parent's child by proving by a preponderance of
the evidence that denial of possession of or access to the child
would significantly impair the child's physical health or emotional
well-being[; and
[(3) the grandparent requesting possession of or
access to the child is a parent of a parent of the child and that
parent of the child:
[(A) has been incarcerated in jail or prison
during the three-month period preceding the filing of the petition;
[(B) has been found by a court to be incompetent;
[(C) is dead; or
[(D) does not have actual or court-ordered
possession of or access to the child].
(a-1) To meet the burden of proof under Subsection (a)(2), a
grandparent requesting possession of or access to a grandchild is
not required to offer expert testimony.
(b) An order granting possession of or access to a child by a
grandparent that is rendered over a parent's objections must state,
with specificity, that:
(1) at the time the relief was requested, at least one
biological or adoptive parent of the child had not had that parent's
parental rights terminated; and
(2) the grandparent requesting possession of or access
to the child has overcome the presumption that a parent acts in the
best interest of the parent's child by proving by a preponderance of
the evidence that the denial of possession of or access to the child
would significantly impair the child's physical health or emotional
well-being[; and
[(3) the grandparent requesting possession of or
access to the child is a parent of a parent of the child and that
parent of the child:
[(A) has been incarcerated in jail or prison
during the three-month period preceding the filing of the petition;
[(B) has been found by a court to be incompetent;
[(C) is dead; or
[(D) does not have actual or court-ordered
possession of or access to the child].
SECTION 4. The change in law made by this Act applies to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or filed on or after
that date.
SECTION 5. This Act takes effect September 1, 2021.