Bill Text: TX HB2363 | 2015-2016 | 84th Legislature | Comm Sub

Texas House Bill 2363 (Prior Session Legislation)

Bill Title: Relating to equal parenting orders in suits affecting the parent-child relationship.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2015-05-12 - Committee report sent to Calendars [HB2363 Detail]

Download: Texas-2015-HB2363-Comm_Sub.html

	84R23044 JSC-D

	By: Peña, et al.	H.B. No. 2363

	Substitute the following for H.B. No. 2363:

	By: Dutton	C.S.H.B. No. 2363



	A BILL TO BE ENTITLED
	AN ACT
	relating to equal parenting orders in suits affecting the
	parent-child relationship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 153.001(a), Family Code, is amended to
	read as follows:
	(a) The public policy of this state is to:
	(1) assure that children will have frequent and
	continuing contact with parents who have shown the ability to act in
	the best interest of the child;
	(2) provide a safe, stable, and nonviolent environment
	for the child; and
	(3) encourage parents to share equally in the rights
	and duties of raising their child after the parents have separated
	or dissolved their marriage.
	SECTION 2. Section 153.134, Family Code, is amended by
	adding Subsection (c) to read as follows:
	(c) If the court renders an order appointing the parents
	joint managing conservators under this section, the court shall
	enter a possession order under Subchapter F-1 that provides for
	equal parenting, unless the court determines that order is not in
	the best interest of the child, in which case the court may enter:
	(1) a standard possession order as provided by
	Subchapter F; or
	(2) another order regarding possession that the court
	determines is in the best interest of the child.
	SECTION 3. Chapter 153, Family Code, is amended by adding
	Subchapter F-1 to read as follows:
	SUBCHAPTER F-1. EQUAL PARENTING ORDER
	Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER.
	Notwithstanding any other provision of this chapter, a court shall,
	as an alternative to the standard possession order under Subchapter
	F, enter an order providing for periods of possession of a child in
	accordance with this subchapter if the court:
	(1) appoints the parents joint managing conservators
	under Section 153.134; and
	(2) determines that:
	(A) the order would be in the best interest of the
	child; and
	(B) the distance between the residences of the
	parents makes compliance with an equal parenting order reasonable
	for the parents and the child.
	Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING
	ORDER. (a) Subject to Subsection (b), a court may enter an order
	under this subchapter that provides that each parent has the right
	to possession of the child under one of the following arrangements:
	(1) an arrangement under which each parent has
	possession of the child for one week at a time, alternating weeks of
	possession with the other parent, with no modification based on
	holidays that occur during each week, but subject to modification
	based on agreement by each parent;
	(2) an arrangement under which each parent has
	possession of the child for two weeks at a time, alternating
	two-week periods of possession with the other parent, with one
	weeknight of possession exercised during each week of the period by
	the parent not otherwise in possession during that period, and
	subject to modification based on agreement by each parent;
	(3) an arrangement under which each parent has
	possession of the child for four weeks at a time, alternating
	four-week periods of possession with the other parent, with one
	weeknight of possession exercised during each week of the period by
	the parent not otherwise in possession during that period, and
	subject to modification based on agreement by each parent; or
	(4) an arrangement under which each parent has
	possession of the child under a schedule specified by the court,
	provided that:
	(A) the schedule may not grant possession to a
	parent for a number of days each year that exceeds the number of
	days of possession granted to the other parent for that year by more
	than five days; and
	(B) the schedule must alternate on a yearly basis
	the parent who is granted possession for a number of days for the
	year that exceeds the number of days granted to the other parent.
	(b) A court shall provide parents with the opportunity to
	select by agreement one of the arrangements described by Subsection
	(a)(1), (2), or (3), subject to the court's determination that the
	selected arrangement is in the best interest of the child. If the
	parents do not agree, the court may order any arrangement described
	by Subsection (a).
	SECTION 4. 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. The change in law made by this Act applies to a
	suit affecting the parent-child relationship that is pending in a
	trial court on the effective date of this Act or that is filed on or
	after the effective date of this Act.
	SECTION 6. This Act takes effect September 1, 2015.