| 1 | 1 | | 89R16344 AMF-F |
|---|
| 2 | 2 | | By: Vasut H.B. No. 4656 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the determination of the best interest of the child in |
|---|
| 10 | 10 | | certain suits affecting the parent-child relationship. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 153.002, Family Code, is amended to read |
|---|
| 13 | 13 | | as follows: |
|---|
| 14 | 14 | | Sec. 153.002. BEST INTEREST OF CHILD. (a) The best |
|---|
| 15 | 15 | | interest of the child shall always be the primary consideration of |
|---|
| 16 | 16 | | the court in determining the issues of conservatorship and |
|---|
| 17 | 17 | | possession of and access to the child. |
|---|
| 18 | 18 | | (b) In a suit between a parent and a nonparent, it is a |
|---|
| 19 | 19 | | rebuttable presumption that: |
|---|
| 20 | 20 | | (1) a parent acts in the best interest of the parent's |
|---|
| 21 | 21 | | child; and |
|---|
| 22 | 22 | | (2) it is in the best interest of a child to be in the |
|---|
| 23 | 23 | | care, custody, and control of a parent. |
|---|
| 24 | 24 | | (c) In a suit between a parent and a nonparent, the |
|---|
| 25 | 25 | | nonparent may overcome the presumption under Subsection (b) by |
|---|
| 26 | 26 | | proving by clear and convincing evidence that denial of the relief |
|---|
| 27 | 27 | | requested by the nonparent would significantly impair the child's |
|---|
| 28 | 28 | | physical health or emotional development. |
|---|
| 29 | 29 | | SECTION 2. Section 156.101, Family Code, is amended by |
|---|
| 30 | 30 | | adding Subsection (c) to read as follows: |
|---|
| 31 | 31 | | (c) In a suit for modification between a parent and a |
|---|
| 32 | 32 | | nonparent, the presumption under Section 153.002(b) applies. The |
|---|
| 33 | 33 | | presumption is rebutted if, in the order subject to modification, |
|---|
| 34 | 34 | | the presumption was rebutted with respect to the child who is the |
|---|
| 35 | 35 | | subject of the suit. |
|---|
| 36 | 36 | | SECTION 3. The changes in law made by this Act apply to a |
|---|
| 37 | 37 | | suit affecting the parent-child relationship that is pending in a |
|---|
| 38 | 38 | | trial court on or after the effective date of this Act or filed on or |
|---|
| 39 | 39 | | after that date. |
|---|
| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|