By: Birdwell S.B. No. 2052
(In the Senate - Filed March 7, 2025; March 17, 2025, read
first time and referred to Committee on Jurisprudence;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2052 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to suits affecting the parent-child relationship between a
parent and a nonparent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 102, Family Code, is amended by adding
Section 102.0031 to read as follows:
Sec. 102.0031. REQUIRED AFFIDAVIT FOR STANDING OF
NONPARENT. (a) A nonparent who files or intervenes in a suit
affecting the parent-child relationship in which another party to
the suit is a parent of the child shall execute and serve with the
nonparent's initial pleading an affidavit that:
(1) attests, based on the nonparent's personal
knowledge or representations made to the nonparent by a person with
personal knowledge of the matter, that denying the relief sought
would significantly impair the child's physical health or emotional
development; and
(2) contains facts that support the allegation under
Subdivision (1).
(b) The court shall deny the relief sought and dismiss the
suit or strike the intervention, as applicable, unless the court
determines, based on the affidavit, that the affidavit contains
facts adequate to support the allegation under Subsection (a)(1).
SECTION 2. Section 153.002, Family Code, is amended to read
as follows:
Sec. 153.002. BEST INTEREST OF CHILD; REBUTTABLE
PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT. (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. If the court renders an
order in the suit granting relief to the nonparent, the court shall
state in the order:
(1) the specific facts that support the court's
finding that denying the relief requested by the nonparent would
significantly impair the child's physical health or emotional
development; and
(2) the extent to which the nonparent has overcome the
presumption under Subsection (b).
SECTION 3. Subchapter A, Chapter 156, Family Code, is
amended by adding Section 156.008 to read as follows:
Sec. 156.008. ADDITIONAL REQUIREMENTS IN SUIT FOR
MODIFICATION BETWEEN PARENT AND NONPARENT. In a suit for
modification between a parent and a nonparent, the nonparent:
(1) if required to overcome the presumption under
Section 153.002(b), must overcome the presumption by clear and
convincing evidence; and
(2) may not overcome the presumption under Section
153.002(b) on the basis of a prior order granting relief to the
nonparent if the parent agreed to the prior order.
SECTION 4. The changes in law made by this Act apply to a
suit affecting the parent-child relationship that is pending in a
trial court on or after the effective date of this Act or filed on or
after that date.
SECTION 5. This Act takes effect September 1, 2025.
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