| 1 | 1 | | By: Cook H.B. No. 2688 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the modification of certain orders in a suit affecting |
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| 7 | 7 | | the parent-child relationship. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 156, Family Code, is |
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| 10 | 10 | | amended by adding Section 156.1011 to read as follows: |
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| 11 | 11 | | Sec. 156.1011. REQUIRED FINDINGS FOR CERTAIN |
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| 12 | 12 | | MODIFICATIONS; PARENTAL PRESUMPTION. (a) In a suit seeking to |
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| 13 | 13 | | modify an order appointing a child's parent as the child's managing |
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| 14 | 14 | | conservator, the court may not remove the parent as the child's |
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| 15 | 15 | | managing conservator unless the court finds that the parent's |
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| 16 | 16 | | continued appointment would not be in the best interest of the child |
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| 17 | 17 | | because the continued appointment would significantly impair the |
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| 18 | 18 | | child's physical health or emotional development. |
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| 19 | 19 | | (b) In a suit by a nonparent seeking a modification that has |
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| 20 | 20 | | the effect of creating a designation, or changing the designation |
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| 21 | 21 | | of the person who has the exclusive right to designate the primary |
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| 22 | 22 | | residence of the child, if one or both of the child's parents were |
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| 23 | 23 | | named in the final order as a managing conservator of the child, the |
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| 24 | 24 | | court shall designate or maintain the designation of a parent |
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| 25 | 25 | | managing conservator as the person with the exclusive right to |
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| 26 | 26 | | designate the child's primary residence unless the court finds that |
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| 27 | 27 | | the designation would significantly impair the child's physical |
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| 28 | 28 | | health or emotional development. |
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| 29 | 29 | | (c) Section 153.373 applies in a suit for modification under |
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| 30 | 30 | | this subchapter. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies to a |
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| 32 | 32 | | suit for modification that is pending in a trial court on the |
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| 33 | 33 | | effective date of this Act or that is filed on or after the |
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| 34 | 34 | | effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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