Bill Text: TX HB2688 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the modification of certain orders in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Juvenile Justice & Family Issues [HB2688 Detail]
Download: Texas-2023-HB2688-Introduced.html
By: Cook | H.B. No. 2688 |
|
||
|
||
relating to the modification of certain orders in a suit affecting | ||
the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 156, Family Code, is | ||
amended by adding Section 156.1011 to read as follows: | ||
Sec. 156.1011. REQUIRED FINDINGS FOR CERTAIN | ||
MODIFICATIONS; PARENTAL PRESUMPTION. (a) In a suit seeking to | ||
modify an order appointing a child's parent as the child's managing | ||
conservator, the court may not remove the parent as the child's | ||
managing conservator unless the court finds that the parent's | ||
continued appointment would not be in the best interest of the child | ||
because the continued appointment would significantly impair the | ||
child's physical health or emotional development. | ||
(b) In a suit by a nonparent seeking a modification that has | ||
the effect of creating a designation, or changing the designation | ||
of the person who has the exclusive right to designate the primary | ||
residence of the child, if one or both of the child's parents were | ||
named in the final order as a managing conservator of the child, the | ||
court shall designate or maintain the designation of a parent | ||
managing conservator as the person with the exclusive right to | ||
designate the child's primary residence unless the court finds that | ||
the designation would significantly impair the child's physical | ||
health or emotional development. | ||
(c) Section 153.373 applies in a suit for modification under | ||
this subchapter. | ||
SECTION 2. The change in law made by this Act applies to a | ||
suit for modification 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 3. This Act takes effect September 1, 2023. |