Texas 2025 - 89th Regular

Texas House Bill HB4369 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13463 KRM-D
2	2	By: A. Davis of Dallas H.B. No. 4369
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the age at which a child may express a preference to the
10	10	court on issues regarding residence and conservatorship in a suit
11	11	affecting the parent-child relationship.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 153.009(a) and (f), Family Code, are
14	14	amended to read as follows:
15	15	(a) In a nonjury trial or at a hearing, on the application of
16	16	a party, the amicus attorney, or the attorney ad litem for the
17	17	child, the court shall interview in chambers a child eight [12]
18	18	years of age or older and may interview in chambers a child under
19	19	eight [12] years of age to determine the child's wishes as to
20	20	conservatorship or as to the person who shall have the exclusive
21	21	right to determine the child's primary residence. The court may
22	22	also interview a child in chambers on the court's own motion for a
23	23	purpose specified by this subsection.
24	24	(f) On the motion of a party, the amicus attorney, or the
25	25	attorney ad litem for the child, or on the court's own motion, the
26	26	court shall cause a record of the interview to be made when the
27	27	child is eight [12] years of age or older. A record of the interview
28	28	shall be part of the record in the case.
29	29	SECTION 2. Section 153.134(a), Family Code, is amended to
30	30	read as follows:
31	31	(a) If a written agreed parenting plan is not filed with the
32	32	court, the court may render an order appointing the parents joint
33	33	managing conservators only if the appointment is in the best
34	34	interest of the child, considering the following factors:
35	35	(1) whether the physical, psychological, or emotional
36	36	needs and development of the child will benefit from the
37	37	appointment of joint managing conservators;
38	38	(2) the ability of the parents to give first priority
39	39	to the welfare of the child and reach shared decisions in the
40	40	child's best interest;
41	41	(3) whether each parent can encourage and accept a
42	42	positive relationship between the child and the other parent;
43	43	(4) whether both parents participated in child rearing
44	44	before the filing of the suit;
45	45	(5) the geographical proximity of the parents'
46	46	residences;
47	47	(6) if the child is eight [12] years of age or older,
48	48	the child's preference, if any, regarding the person to have the
49	49	exclusive right to designate the primary residence of the child;
50	50	and
51	51	(7) any other relevant factor.
52	52	SECTION 3. Section 156.006(b), Family Code, is amended to
53	53	read as follows:
54	54	(b) While a suit for modification is pending, the court may
55	55	not render a temporary order that has the effect of creating a
56	56	designation, or changing the designation, of the person who has the
57	57	exclusive right to designate the primary residence of the child, or
58	58	the effect of creating a geographic area, or changing or
59	59	eliminating the geographic area, within which a conservator must
60	60	maintain the child's primary residence, under the final order
61	61	unless the temporary order is in the best interest of the child and:
62	62	(1) the order is necessary because the child's present
63	63	circumstances would significantly impair the child's physical
64	64	health or emotional development;
65	65	(2) the person designated in the final order has
66	66	voluntarily relinquished the primary care and possession of the
67	67	child for more than six months; or
68	68	(3) the child is eight [12] years of age or older and
69	69	has expressed to the court in chambers as provided by Section
70	70	153.009 the name of the person who is the child's preference to have
71	71	the exclusive right to designate the primary residence of the
72	72	child.
73	73	SECTION 4. Section 156.101(a), Family Code, is amended to
74	74	read as follows:
75	75	(a) The court may modify an order that provides for the
76	76	appointment of a conservator of a child, that provides the terms and
77	77	conditions of conservatorship, or that provides for the possession
78	78	of or access to a child if modification would be in the best
79	79	interest of the child and:
80	80	(1) the circumstances of the child, a conservator, or
81	81	other party affected by the order have materially and substantially
82	82	changed since the earlier of:
83	83	(A) the date of the rendition of the order; or
84	84	(B) the date of the signing of a mediated or
85	85	collaborative law settlement agreement on which the order is based;
86	86	(2) the child is at least eight [12] years of age and
87	87	has expressed to the court in chambers as provided by Section
88	88	153.009 the name of the person who is the child's preference to have
89	89	the exclusive right to designate the primary residence of the
90	90	child; or
91	91	(3) the conservator who has the exclusive right to
92	92	designate the primary residence of the child has voluntarily
93	93	relinquished the primary care and possession of the child to
94	94	another person for at least six months.
95	95	SECTION 5. (a) The change in law made by this Act by the
96	96	amendment of Sections 153.009 and 153.134, Family Code, applies to
97	97	a suit affecting the parent-child relationship pending on the
98	98	effective date of this Act or filed on or after that date.
99	99	(b) The change in law made by this Act by the amendment of
100	100	Sections 156.006 and 156.101, Family Code, applies to an action to
101	101	modify an order in a suit affecting the parent-child relationship
102	102	pending on the effective date of this Act or filed on or after that
103	103	date.
104	104	SECTION 6. This Act takes effect September 1, 2025.