| 1 | 1 | | By: Cook H.B. No. 3072 |
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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 determination of the best interest of a child in |
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| 7 | 7 | | certain suits affecting 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. Section 153.002, Family Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
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| 12 | 12 | | interest of the child shall always be the primary consideration of |
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| 13 | 13 | | the court in determining the issues of conservatorship and |
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| 14 | 14 | | possession of and access to the child. |
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| 15 | 15 | | (b) In a suit between a parent and a non-parent, it is a |
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| 16 | 16 | | rebuttable presumption that: |
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| 17 | 17 | | (1) a parent acts in the best interest of the parent's |
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| 18 | 18 | | child; and |
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| 19 | 19 | | (2) it is in the best interest of a child to be in the |
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| 20 | 20 | | care, custody and control of a parent. |
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| 21 | 21 | | SECTION 2. Section 156.101, Family Code, is amended by |
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| 22 | 22 | | adding a new Subsection (c) to read as follows: |
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| 23 | 23 | | (c) In a suit to which this chapter applies between a parent |
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| 24 | 24 | | and a nonparent, the presumption in Section 153.002(b) applies |
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| 25 | 25 | | unless the presumption has been overcome in the most recent final |
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| 26 | 26 | | order regarding the child who is the subject of the suit. The |
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| 27 | 27 | | presumption shall be deemed to have been overcome as to a given |
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| 28 | 28 | | parent if, in a prior proceeding and with respect to a child who is |
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| 29 | 29 | | the subject of the suit: |
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| 30 | 30 | | (1) the order sought to be modified expressly stated |
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| 31 | 31 | | that the presumption was overcome on the issue currently before the |
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| 32 | 32 | | court; |
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| 33 | 33 | | (2) the parent was neither named as nor continued as a |
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| 34 | 34 | | managing conservator in the most recent final order and the parent |
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| 35 | 35 | | is not being named as a managing conservator in the final order in |
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| 36 | 36 | | the current case before the court; or |
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| 37 | 37 | | (3) the order sought to be modified resulted from the |
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| 38 | 38 | | parent's voluntary relinquishment of actual care, custody, |
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| 39 | 39 | | control, and possession of the child to a nonparent. |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply to an |
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| 41 | 41 | | action that is pending on or filed on or after the effective date of |
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| 42 | 42 | | this Act. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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