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 - Dead) 2017-05-01 - Left pending in committee [SB816 Detail]
Download: Texas-2017-SB816-Introduced.html
85R6519 JSC-F | ||
By: Campbell | S.B. No. 816 |
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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 [ |
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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. |