89R3679 AMF-F
By: Cook H.B. No. 5595
A BILL TO BE ENTITLED
AN ACT
relating to the determination of the best interest of the child and
possession of or access to a child by a nonparent in certain suits
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.002, Family Code, is amended to read
as follows:
Sec. 153.002. BEST INTEREST OF CHILD. (a) The best
interest of the child shall always be the primary consideration of
the court in determining the issues of conservatorship and
possession of and access to the child.
(b) In a suit between a parent and a nonparent, it is a
rebuttable presumption that:
(1) a parent acts in the best interest of the parent's
child; and
(2) it is in the best interest of a child to be in the
care, custody, and control of a parent.
(c) In a suit between a parent and a nonparent, the
nonparent may overcome the presumption under Subsection (b) by
proving by clear and convincing evidence that denial of the relief
requested by the nonparent would significantly impair the child's
physical health or emotional development.
SECTION 2. Section 156.101, Family Code, is amended by
adding Subsections (c), (d), (e), and (f) to read as follows:
(c) Subject to Subsections (d) and (e), in determining the
best interest of a child under this section with respect to a
request to modify an order to grant possession of or access to the
child to a nonparent, the presumption under Section 153.002(b)
applies.
(d) Except as provided by Subsection (f), in a suit for
modification between a parent and a nonparent, the presumption
under Section 153.002(b) is rebutted with respect to the parent who
is a party to the suit if the order subject to modification:
(1) expressly states that the presumption was rebutted
with respect to the parent;
(2) appoints a nonparent as conservator of the child;
(3) subject to Subsection (e), grants a nonparent
possession of or access to the child; or
(4) is the result of the parent's voluntary
relinquishment of the actual care, control, or possession of the
child to a nonparent as described by Section 153.373.
(e) The presumption under Section 153.002(b) may be
rebutted as provided by Subsection (d)(3) only in a suit for
modification in which a nonparent seeks possession of or access to
the child. The presumption may not be rebutted as provided by that
subdivision in a suit for modification in which a nonparent seeks
conservatorship of the child.
(f) Subsection (d) does not apply:
(1) to a temporary order rendered under Section
156.006; or
(2) if the order subject to modification expressly
states that the parties agree the presumption under Section
153.002(b) is not rebutted.
SECTION 3. The following provisions of the Family Code are
repealed:
(1) Section 102.004(c);
(2) Sections 153.432, 153.433, and 153.434;
(3) Section 161.206(c); and
(4) Section 162.017(d).
SECTION 4. (a) The changes in law made by this Act apply
only to a suit affecting the parent-child relationship that is
filed on or after the effective date of this Act. A suit affecting
the parent-child relationship filed before the effective date of
this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
(b) The enactment of this Act does not constitute a material
and substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides
for the possession of or access to a child rendered before the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.