Texas House Bill HB2948

Texas 2023 - 88th Regular

• Filed: 2/27/23
• Out of House Committee: 5/3/23
• Voted on by House: 5/9/23

Caption

Relating to the modification of a possession order and temporary possession of a child when a conservator of the child is incapacitated.

Impact

This legislation will have significant implications for Texas family law, especially concerning child conservatorship. By defining incapacitation as a substantial change in circumstances, the bill enables the unaffected parent to immediately take over custodial responsibilities without undergoing complex legal procedures. This would streamline the process of securing custody for children and reduce disruptions in their lives during parental crises, fostering a more stable environment for their development.

Summary

House Bill 2948 aims to address the complexities that arise when a conservator of a child becomes incapacitated due to physical or mental conditions, or incarceration. The bill introduces provisions that allow for the modification of existing possession orders to facilitate temporary custody arrangements by the remaining capable parent. It is designed to eliminate the need for prolonged legal battles and ensure a stable and supportive environment for the child during challenging times when one parent can no longer fulfill their role in caring for the child.

Sentiment

The reception of HB 2948 has been largely positive among family law advocates and practitioners. Supporters highlight its potential to stabilize children's living conditions during parental incapacitation, which aligns with the overarching goal of prioritizing child welfare. However, while there is strong advocacy for the bill, concerns were raised about the implementation of such changes and the potential for disputes in situations where circumstances are ambiguous or contested.

Contention

Notable points of contention center around the practical application of the proposed modifications to custody orders. Some legal experts warn of ambiguities in defining what constitutes incapacitation and how courts may interpret these conditions. Moreover, the balance of parental rights remains a critical aspect, as safeguards must be in place to prevent misuse of the provisions by a custodial parent against the rights of the other parent. Thus, while the bill aims to simplify the custody process, careful consideration of these factors is essential to ensure fair outcomes for all involved parties.

Texas Constitutional Statutes Affected

Family Code

• Chapter 156. Modification
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