Texas 2023 - 88th Regular

Texas House Bill HB2688

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the modification of certain orders in a suit affecting the parent-child relationship.

Impact

The enactment of HB2688 will affect Texas Family Code, particularly governing the judicial processes involved in suits affecting parent-child relationships. It emphasizes the importance of the child's best interest and dictates that modifications to conservatorship orders must be substantiated by significant evidence. This could lead to fewer modifications being granted, thereby stabilizing custody arrangements and providing greater predictability for families involved in such disputes. The legislation provides a framework within which courts must operate when considering changes to custody agreements, potentially reducing abrupt changes in custody situations for children.

Summary

House Bill 2688 pertains to the modification of certain orders in legal cases involving parent-child relationships. The bill aims to establish explicit guidelines regarding the removal of a parent as a managing conservator of a child. Specifically, it stipulates that a court shall not remove the parent in question unless it is determined that their continued role would significantly impair the child's physical health or emotional development. This reinforces the presumption in favor of parental custody unless clear evidence suggests otherwise, reflecting a shift towards protecting parental rights in custody disputes.

Sentiment

The general sentiment around HB2688 appears to be supportive of reinforcing parental rights, reflecting a growing trend in legislative advocacy for family stability in custody matters. Proponents argue that the bill is a necessary step to ensure that the courts do not undermine the role of parents without substantial justification. However, concerns may arise among advocates for children's welfare, who might worry that the bill could pose challenges for a child's safety in scenarios where a parent's involvement is detrimental.

Contention

Notable points of contention regarding HB2688 may include debates over the threshold for determining what constitutes significant impairment to a child's health or development, as such definitions can vary widely and leave room for interpretation. Opponents might raise concerns about the potential for misuse of the provisions, where parental rights could be unduly prioritized over child welfare. Overall, while supporters laud the bill for its protections of parental rights, opponents may view it as potentially complacent with issues related to unsafe or unhealthy parental conditions.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 156. Modification
    • Section: New Section
  • Chapter 153. Conservatorship, Possession, And Access
    • Section: 373

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.