Bill Text: TX HB453 | 2017-2018 | 85th Legislature | Introduced


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

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced) 2017-02-20 - Referred to Juvenile Justice & Family Issues [HB453 Detail]

Download: Texas-2017-HB453-Introduced.html
  85R891 JSC-D
 
  By: White H.B. No. 453
 
 
 
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 the order would be in the best
  interest of 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 a schedule specified by the court,
  provided that:
               (1)  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
               (2)  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 a schedule for possession described by
  Subsection (a), subject to the court's determination that the
  proposed schedule is in the best interest of the child. If the
  parents do not agree, the court may order possession under any
  schedule 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, 2017.
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