89R13463 KRM-D
By: A. Davis of Dallas H.B. No. 4369
A BILL TO BE ENTITLED
AN ACT
relating to the age at which a child may express a preference to the
court on issues regarding residence and conservatorship in a suit
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 153.009(a) and (f), Family Code, are
amended to read as follows:
(a) In a nonjury trial or at a hearing, on the application of
a party, the amicus attorney, or the attorney ad litem for the
child, the court shall interview in chambers a child eight [12]
years of age or older and may interview in chambers a child under
eight [12] years of age to determine the child's wishes as to
conservatorship or as to the person who shall have the exclusive
right to determine the child's primary residence. The court may
also interview a child in chambers on the court's own motion for a
purpose specified by this subsection.
(f) On the motion of a party, the amicus attorney, or the
attorney ad litem for the child, or on the court's own motion, the
court shall cause a record of the interview to be made when the
child is eight [12] years of age or older. A record of the interview
shall be part of the record in the case.
SECTION 2. Section 153.134(a), Family Code, is amended to
read as follows:
(a) If a written agreed parenting plan is not filed with the
court, the court may render an order appointing the parents joint
managing conservators only if the appointment is in the best
interest of the child, considering the following factors:
(1) whether the physical, psychological, or emotional
needs and development of the child will benefit from the
appointment of joint managing conservators;
(2) the ability of the parents to give first priority
to the welfare of the child and reach shared decisions in the
child's best interest;
(3) whether each parent can encourage and accept a
positive relationship between the child and the other parent;
(4) whether both parents participated in child rearing
before the filing of the suit;
(5) the geographical proximity of the parents'
residences;
(6) if the child is eight [12] years of age or older,
the child's preference, if any, regarding the person to have the
exclusive right to designate the primary residence of the child;
and
(7) any other relevant factor.
SECTION 3. Section 156.006(b), Family Code, is amended to
read as follows:
(b) While a suit for modification is pending, the court may
not render a temporary order that has the effect of creating a
designation, or changing the designation, of the person who has the
exclusive right to designate the primary residence of the child, or
the effect of creating a geographic area, or changing or
eliminating the geographic area, within which a conservator must
maintain the child's primary residence, under the final order
unless the temporary order is in the best interest of the child and:
(1) the order is necessary because the child's present
circumstances would significantly impair the child's physical
health or emotional development;
(2) the person designated in the final order has
voluntarily relinquished the primary care and possession of the
child for more than six months; or
(3) the child is eight [12] years of age or older and
has expressed to the court in chambers as provided by Section
153.009 the name of the person who is the child's preference to have
the exclusive right to designate the primary residence of the
child.
SECTION 4. Section 156.101(a), Family Code, is amended to
read as follows:
(a) The court may modify an order that provides for the
appointment of a conservator of a child, that provides the terms and
conditions of conservatorship, or that provides for the possession
of or access to a child if modification would be in the best
interest of the child and:
(1) the circumstances of the child, a conservator, or
other party affected by the order have materially and substantially
changed since the earlier of:
(A) the date of the rendition of the order; or
(B) the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
(2) the child is at least eight [12] years of age and
has expressed to the court in chambers as provided by Section
153.009 the name of the person who is the child's preference to have
the exclusive right to designate the primary residence of the
child; or
(3) the conservator who has the exclusive right to
designate the primary residence of the child has voluntarily
relinquished the primary care and possession of the child to
another person for at least six months.
SECTION 5. (a) The change in law made by this Act by the
amendment of Sections 153.009 and 153.134, Family Code, applies to
a suit affecting the parent-child relationship pending on the
effective date of this Act or filed on or after that date.
(b) The change in law made by this Act by the amendment of
Sections 156.006 and 156.101, Family Code, applies to an action to
modify an order in a suit affecting the parent-child relationship
pending on the effective date of this Act or filed on or after that
date.
SECTION 6. This Act takes effect September 1, 2025.