Bill Text: TX SB816 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the rendition by a court in a suit affecting the parent-child relationship of an order that is contrary to the expressed wishes of the child's parent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-05-01 - Left pending in committee [SB816 Detail]

Download: Texas-2017-SB816-Introduced.html
  85R6519 JSC-F
 
  By: Campbell S.B. No. 816
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rendition by a court in a suit affecting the
  parent-child relationship of an order that is contrary to the
  expressed wishes of the child's parent.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.002, Family Code, is amended to read
  as follows:
         Sec. 153.002.  BEST INTEREST OF CHILD; DEFERENCE TO PARENT.  
  (a)  Except as otherwise provided by this section, the [The] best
  interest of the child shall always be the primary consideration of
  the court in determining the issues of conservatorship and
  possession of and access to the child.
         (b)  The court may not render an order contrary to the
  expressed wishes of a child's parent unless:
               (1)  the court determines that the parent is not a fit
  parent;
               (2)  the order conforms with the expressed wishes of
  the child's other parent, who is a fit parent; or
               (3)  the order is a compromise between the expressed
  wishes of both parents, who are fit parents.
         (c)  For purposes of this section, a parent:
               (1)  is presumed to be a fit parent; and
               (2)  may be determined not to be a fit parent only if it
  is shown by clear and convincing evidence that the parent does not
  adequately care for the parent's child.
         SECTION 2.  The change in law made by this Act applies only
  to a suit affecting the parent-child relationship pending before a
  court on or filed on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2017.
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