Bill Text: TX HB853 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to orders for possession of and access to a child in a suit affecting the parent-child relationship.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB853 Detail]
Download: Texas-2021-HB853-Comm_Sub.html
By: Cook, Ramos (Senate Sponsor - Hughes) | H.B. No. 853 | |
(In the Senate - Received from the House April 28, 2021; | ||
May 10, 2021, read first time and referred to Committee on State | ||
Affairs; May 18, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 18, 2021, sent to printer.) | ||
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relating to orders for possession of and access to a child in a suit | ||
affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 153.253, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR | ||
UNWORKABLE. The court shall render an order that grants periods of | ||
possession of the child as similar as possible to those provided by | ||
the standard possession order if the work schedule or other special | ||
circumstances of the managing conservator, the possessory | ||
conservator, or the child, or the year-round school schedule of the | ||
child, make the standard possession order unworkable or | ||
inappropriate. | ||
SECTION 2. Section 153.254, Family Code, is amended by | ||
amending Subsection (a) and adding Subsections (b) and (c) to read | ||
as follows: | ||
(a) The court shall render an order appropriate under the | ||
circumstances for possession of a child less than three years of | ||
age. In rendering the order, the court shall consider evidence of | ||
all relevant factors, including: | ||
(1) the preexisting parent-child relationship, | ||
including whether there has been minimal or inconsistent contact | ||
with the child and the child's siblings, if applicable [ |
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(2) [ |
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[ |
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caregivers [ |
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(3) [ |
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medical, behavioral, or [ |
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(4) any [ |
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[ |
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(5) [ |
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residing in a residence with a party to the suit or having | ||
considerable interaction with the child [ |
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possession; | ||
(6) the present and proposed environments in which | ||
possession and access has occurred or is to occur; | ||
(7) the presence or absence of siblings during periods | ||
of possession; | ||
(8) the child's need to develop healthy attachments to | ||
each party, if possible [ |
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(9) the child's need for continuity of routine; | ||
(10) the location and proximity of the residences of | ||
the parties; | ||
(11) the need for a graduated [ |
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schedule when there has been [ |
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[ |
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[ |
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child [ |
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(12) the ability of the parties to share in the | ||
responsibilities, rights, and duties of caring for the child | ||
[ |
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(13) any other issue consistent with [ |
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best interest of the child, taking into consideration the | ||
circumstances of the parties. | ||
(b) The court shall render an order for periods of | ||
possession of a child less than three years of age based on the | ||
agreement of the parties, unless the court determines the agreement | ||
is not in the best interest of the child. | ||
(c) Section 153.258 applies to an order rendered under this | ||
section. | ||
SECTION 3. The heading to Section 153.258, Family Code, is | ||
amended to read as follows: | ||
Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM | ||
STANDARD POSSESSION ORDER. | ||
SECTION 4. Section 153.258(a), Family Code, is amended to | ||
read as follows: | ||
(a) In all cases in which possession of a child by a parent | ||
is contested and the possession of the child varies from the | ||
standard possession order, including a possession order for a child | ||
under three years of age, on request by a party, the court shall | ||
state in writing the specific reasons for the variance from the | ||
standard possession order. | ||
SECTION 5. The changes in law made by this Act to Section | ||
153.254, Family Code, apply only to a suit affecting the | ||
parent-child relationship that is filed on or after the effective | ||
date of this Act. A suit filed before the effective date of this Act | ||
is governed by the law in effect on the date the suit is filed, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
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