Bill Text: TX SB522 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to equal parenting orders in suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-17 - Referred to Jurisprudence [SB522 Detail]
Download: Texas-2011-SB522-Introduced.html
82R4057 JSC-D | ||
By: Carona | S.B. No. 522 |
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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 153.134, 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 2. 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 one of the following arrangements: | ||
(1) an arrangement under which each parent has | ||
possession of the child for one week at a time, alternating weeks of | ||
possession with the other parent, with no modification based on | ||
holidays that occur during each week, but subject to modification | ||
based on agreement by each parent; | ||
(2) an arrangement under which each parent has | ||
possession of the child for two weeks at a time, alternating | ||
two-week periods of possession with the other parent, with one | ||
weeknight of possession exercised during each week of the period by | ||
the parent not otherwise in possession during that period, and | ||
subject to modification based on agreement by each parent; or | ||
(3) an arrangement under which each parent has | ||
possession of the child for four weeks at a time, alternating | ||
four-week periods of possession with the other parent, with one | ||
weeknight of possession exercised during each week of the period by | ||
the parent not otherwise in possession during that period, and | ||
subject to modification based on agreement by each parent. | ||
(b) A court shall provide parents with the opportunity to | ||
select by agreement one of the arrangements described by Subsection | ||
(a), subject to the court's determination that the selected | ||
arrangement is in the best interest of the child. If the parents do | ||
not agree, the court may order any arrangement described by | ||
Subsection (a). | ||
(c) For purposes of Subsection (a), a period of possession | ||
begins when the child's school is dismissed on Friday, and the | ||
period ends when the child's school is dismissed on the appropriate | ||
subsequent Friday. If school is not in session on a Friday, the | ||
period of possession shall begin or end, as appropriate, at 5 p.m. | ||
on Friday. | ||
SECTION 3. 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 4. 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 5. This Act takes effect September 1, 2011. |