88R5417 MLH-F
By: Cook H.B. No. 1120
A BILL TO BE ENTITLED
AN ACT
relating to orders for possession of and access to a child in a suit
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.253, Family Code, is amended to read
as follows:
Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR
UNWORKABLE. The court shall render an order that grants periods of
possession of the child as similar as possible to those provided by
the standard possession order if the work schedule or other special
circumstances of the managing conservator, the possessory
conservator, or the child, or the year-round school schedule of the
child, make the standard possession order unworkable or
inappropriate.
SECTION 2. Section 153.254, Family Code, is amended by
amending Subsection (a) and adding Subsections (b) and (c) to read
as follows:
(a) The court shall render an order appropriate under the
circumstances for possession of a child less than three years of
age. In rendering the order, the court shall consider evidence of
all relevant factors, including:
(1) the preexisting parent-child relationship,
including whether there has been minimal or inconsistent contact
with the child and the child's siblings, if applicable [caregiving
provided to the child before and during the current suit];
(2) [the effect on the child that may result from
separation from either party;
[(3)] the personal availability of the parties as
caregivers [and the willingness of the parties to personally care
for the child];
(3) [(4)] the present and immediate physical,
medical, behavioral, or [and] developmental needs of the child;
(4) any [(5) the] physical, medical, behavioral
[emotional], economic, or [and] social conditions of the parties;
(5) [(6)] the impact and influence of each individual
residing in a residence with a party to the suit or having
considerable interaction with the child [individuals, other than
the parties, who will be present] during a party's periods of
possession;
(6) the present and proposed environments in which
possession and access has occurred or is to occur;
(7) the presence or absence of siblings during periods
of possession;
(8) the child's need to develop healthy attachments to
each party, if possible [both parents];
(9) the child's need for continuity of routine;
(10) the location and proximity of the residences of
the parties;
(11) the need for a graduated [temporary] possession
schedule when there has been [that incrementally shifts to the
schedule provided in the prospective order under Subsection (d)
based on:
[(A) the age of the child; or
[(B)] minimal or inconsistent contact with the
child [by a party];
(12) the ability of the parties to share in the
responsibilities, rights, and duties of caring for the child
[parenting]; and
(13) any other issue consistent with [evidence of] the
best interest of the child, taking into consideration the
circumstances of the parties.
(b) The court shall render an order for periods of
possession of a child less than three years of age based on the
agreement of the parties, unless the court determines the agreement
is not in the best interest of the child.
(c) Section 153.258 applies to an order rendered under this
section.
SECTION 3. The heading to Section 153.258, Family Code, is
amended to read as follows:
Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
STANDARD POSSESSION ORDER.
SECTION 4. Section 153.258(a), Family Code, is amended to
read as follows:
(a) In all cases in which possession of a child by a parent
is contested and the possession of the child varies from the
standard possession order, including a possession order for a child
under three years of age, on request by a party, the court shall
state in writing the specific reasons for the variance from the
standard possession order.
SECTION 5. The changes in law made by this Act to Section
153.254, Family Code, apply only to a suit affecting the
parent-child relationship that is filed on or after the effective
date of this Act. A suit filed before the effective date of this Act
is governed by the law in effect on the date the suit is filed, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.