89R12673 AMF-D
By: Curry H.B. No. 2716
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of a history of family violence,
child neglect or abuse, or sexual offenses in suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 153.004(a), (d), and (f), Family Code,
are amended to read as follows:
(a) In determining whether to appoint a party as a sole or
joint managing conservator, the court shall consider evidence of
the intentional use of abusive physical force, or evidence of
sexual abuse, by a party directed against the party's spouse, a
parent of the child, or any person younger than 18 years of age
committed before [within a two-year period preceding] the filing of
the suit or during the pendency of the suit.
(d) The court may not allow a parent to have access to a
child for whom it is shown by a preponderance of the evidence that:
(1) there is a history or pattern of committing family
violence before [during the two years preceding] the date of the
filing of the suit or during the pendency of the suit; or
(2) the parent engaged in conduct that constitutes an
offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
and that as a direct result of the conduct, the victim of the
conduct became pregnant with the parent's child.
(f) In determining under this section whether there is
credible evidence of a history or pattern of past or present child
neglect or abuse or family violence by a parent or other person, as
applicable, the court shall consider whether a protective order was
rendered under Chapter 85 [, Title 4,] against the parent or other
person before [during the two-year period preceding] the filing of
the suit or during the pendency of the suit.
SECTION 2. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship pending in a trial
court on the effective date of this Act or filed on or after that
date.
SECTION 3. This Act takes effect September 1, 2025.