Bill Text: TX HB2557 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a suit for possession of or access to a child by a grandparent.
Spectrum: Partisan Bill (Republican 33-1)
Status: (Introduced - Dead) 2011-05-12 - Placed on General State Calendar [HB2557 Detail]
Download: Texas-2011-HB2557-Introduced.html
Bill Title: Relating to a suit for possession of or access to a child by a grandparent.
Spectrum: Partisan Bill (Republican 33-1)
Status: (Introduced - Dead) 2011-05-12 - Placed on General State Calendar [HB2557 Detail]
Download: Texas-2011-HB2557-Introduced.html
82R7157 EES-F | ||
By: Brown | H.B. No. 2557 |
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relating to a suit for access to a child by a grandparent. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 153.432, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.432. SUIT FOR [ |
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GRANDPARENT. (a) Subject to Section 153.434, a [ |
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grandchild by filing: | ||
(1) an original suit; or | ||
(2) a suit for modification as provided by Chapter | ||
156. | ||
(b) A grandparent may request [ |
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grandchild in a suit filed for the sole purpose of requesting the | ||
relief, without regard to whether the appointment of a managing | ||
conservator is an issue in the suit. | ||
(c) In a suit for access or for modification described by | ||
Subsection (a), the person filing the suit must execute and attach | ||
an affidavit on knowledge or belief that contains, along with | ||
supporting facts, the allegation that denial of [ |
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access to the child by the petitioner endangers [ |
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impairs the child's emotional well-being and development. [ |
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(d) The court shall deny the relief sought and refuse to | ||
schedule a hearing unless the court determines, on the basis of the | ||
affidavit, that facts adequate to support an allegation as | ||
described in Subsection (c) are stated in the affidavit. If the | ||
court determines that the facts stated are adequate to support an | ||
allegation, the court shall set a time and place for the initial | ||
hearing as provided by Section 153.433(b). | ||
(e) If the court finds that a suit for access or for | ||
modification described by Subsection (a) is filed frivolously or is | ||
designed to harass a party, the court shall assess attorney's fees | ||
as costs against the offending party. | ||
(f) A suit for access or for modification described by | ||
Subsection (a) may not be tried or consolidated with any other suit | ||
for conservatorship of the child or any other proceeding involving | ||
or arising from a claim involving the parent-child relationship. | ||
Any order resulting from a consolidated proceeding prohibited by | ||
this subsection is void. | ||
SECTION 2. Section 153.433, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.433. [ |
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GRANDCHILD. (a) The court may order reasonable [ |
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(1) at the time the relief is requested, at least one | ||
biological or adoptive parent of the child has not had that parent's | ||
parental rights terminated; | ||
(2) the grandparent requesting [ |
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access to the child overcomes the presumption that a parent acts in | ||
the best interest of the parent's child by proving by clear and | ||
convincing [ |
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[ |
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impairs the child's emotional well-being and development; and | ||
(3) the grandparent requesting [ |
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access to the child is a parent of a parent of the child, [ |
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parent of the child has not had parental rights terminated, and that | ||
parent, for not less than six months before commencing the suit: | ||
(A) has been [ |
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[ |
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[ |
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(B) has [ |
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court-ordered possession of or access to the child. | ||
(b) As a threshold issue, the court shall conduct an initial | ||
hearing not later than the 45th day after the date of service of | ||
process at which the court shall dismiss the suit unless the | ||
grandparent requesting access to the child proves by clear and | ||
convincing evidence that the child's parent does not provide | ||
adequate care for the child and has engaged in culpable conduct that | ||
endangers the child's physical health or significantly impairs the | ||
child's emotional well-being and development. | ||
(c) In a hearing under Subsection (b), the court may not | ||
render a temporary order. | ||
(d) In a suit for access by a grandparent, unless the | ||
grandparent meets the evidentiary burden at the initial hearing, | ||
the court may not order: | ||
(1) the appointment of an amicus attorney, guardian ad | ||
litem, or attorney ad litem; or | ||
(2) counseling, a social study, mental examination, | ||
physical examination, or parenting classes, except for a | ||
grandparent who files the suit. | ||
(e) An order granting [ |
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by a grandparent that is rendered over a parent's objections must | ||
state, with specificity [ |
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(1) that at the time the relief was requested, at least | ||
one biological or adoptive parent of the child had not had that | ||
parent's parental rights terminated; | ||
(2) that the grandparent requesting [ |
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access to the child has overcome the presumption that a parent acts | ||
in the best interest of the parent's child by proving by clear and | ||
convincing [ |
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[ |
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impairs the child's emotional well-being and development; [ |
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(3) that the grandparent requesting [ |
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access to the child is a parent of a parent of the child, [ |
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parent of the child has not had parental rights terminated, and that | ||
parent, for not less than six months before commencing the suit: | ||
(A) has been [ |
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[ |
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[ |
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(B) has [ |
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court-ordered possession of or access to the child; | ||
(4) the court's findings regarding the fitness of the | ||
parent; | ||
(5) the parent's objections; | ||
(6) the fact that the court gave special weight to the | ||
parent's objections; | ||
(7) the manner in which the court gave special weight | ||
to the parent's objections; and | ||
(8) the specific grounds for overriding the parent's | ||
objections. | ||
(f) In a suit for access by a grandparent, the court may not: | ||
(1) impose a geographic restriction; or | ||
(2) award possession of a child to a grandparent. | ||
(g) If the grandparent requesting access to a child fails to | ||
meet all of the evidentiary burdens under this section, the court | ||
shall award the parent all costs, fees, and expenses incurred by the | ||
parent to defend the suit in accordance with Chapter 106. | ||
(h) This section does not prohibit a grandparent from filing | ||
a suit for managing conservatorship of a child under this chapter or | ||
Chapter 102 or 156. | ||
SECTION 3. Section 153.434, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST [ |
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[ |
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(1) a court does not already have continuing exclusive | ||
jurisdiction of a suit involving the child; | ||
(2) the child's parent who is the competent child of | ||
the grandparent opposes the suit; or | ||
(3) the child has been adopted or is the subject of a | ||
pending suit for adoption and each of the biological parents of the | ||
child [ |
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(A) died; | ||
(B) had the person's parental rights terminated; | ||
or | ||
(C) executed an affidavit of waiver of interest | ||
in child or an affidavit of relinquishment of parental rights under | ||
Chapter 161 and the affidavit designates an authorized agency, | ||
licensed child-placing agency, or another person [ |
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[ |
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SECTION 4. Notwithstanding Chapter 156, Family Code, or any | ||
other provision of the Family Code, Sections 153.432, 153.433, and | ||
153.434, Family Code, as amended by this Act, apply equally to an | ||
original suit and a suit for modification filed by a grandparent | ||
seeking access to a grandchild. | ||
SECTION 5. The changes in law made by this Act apply to a | ||
suit affecting the parent-child relationship that is pending in a | ||
court on the effective date of this Act or is filed on or after that | ||
date. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |