Bill Text: TX SB1235 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the rendition of certain temporary orders during the pendency of a suit for modification of an order that provides for the conservatorship, support, or possession of or access to a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-13 - Referred to State Affairs [SB1235 Detail]
Download: Texas-2017-SB1235-Introduced.html
85R2132 JSC-F | ||
By: Rodríguez | S.B. No. 1235 |
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relating to the rendition of certain temporary orders during the | ||
pendency of a suit for modification of an order that provides for | ||
the conservatorship, support, or possession of or access to a | ||
child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 156.006(b), Family Code, is amended to | ||
read as follows: | ||
(b) While a suit for modification is pending, the court may | ||
not render a temporary order 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, or | ||
the effect of creating a geographic area, or changing or | ||
eliminating the geographic area, within which a conservator must | ||
maintain the child's primary residence, under the final order | ||
unless the temporary order is in the best interest of the child and: | ||
(1) the order is necessary because the child's present | ||
circumstances would significantly impair the child's physical | ||
health or emotional development; | ||
(2) the person designated in the final order has | ||
voluntarily relinquished the primary care and possession of the | ||
child for more than six months; or | ||
(3) the child is 12 years of age or older and has | ||
expressed to the court in chambers as provided by Section 153.009 | ||
the name of the person who is the child's preference to have the | ||
exclusive right to designate the primary residence of the child. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a suit for modification pending before a trial court on or filed | ||
on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2017. |