1 | 1 | | 88R3545 AMF-F |
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2 | 2 | | By: Vasut H.B. No. 1986 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the determination of the best interest of a child in |
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8 | 8 | | certain suits affecting the parent-child relationship. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 153.002, Family Code, is amended to read |
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11 | 11 | | as follows: |
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12 | 12 | | Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
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13 | 13 | | interest of the child shall always be the primary consideration of |
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14 | 14 | | the court in determining the issues of conservatorship and |
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15 | 15 | | possession of and access to the child. |
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16 | 16 | | (b) In a suit by a nonparent requesting possession of or |
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17 | 17 | | access to a child, it is a rebuttable presumption that: |
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18 | 18 | | (1) a parent makes decisions in the best interest of |
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19 | 19 | | the parent's child; and |
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20 | 20 | | (2) it is in the best interest of a child to be raised |
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21 | 21 | | by the child's parents. |
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22 | 22 | | SECTION 2. Section 263.307(a), Family Code, is amended to |
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23 | 23 | | read as follows: |
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24 | 24 | | (a) In considering the factors established by this section: |
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25 | 25 | | (1) [,] the prompt and permanent placement of the |
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26 | 26 | | child in a safe environment is presumed to be in the child's best |
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27 | 27 | | interest; and |
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28 | 28 | | (2) the rebuttable presumption described by Section |
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29 | 29 | | 153.002(b) applies when determining the best interest of a child. |
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30 | 30 | | SECTION 3. The change in law made by this Act applies to a |
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31 | 31 | | suit affecting the parent-child relationship that is pending in a |
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32 | 32 | | trial court on the effective date of this Act or filed on or after |
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33 | 33 | | that date. |
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34 | 34 | | SECTION 4. This Act takes effect September 1, 2023. |
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