bill making a parent’s incapacity grounds to change custody

The text as introduced · 443 words

89R1105 MLH-F

By: Cook
H.B. No. 1914

A BILL TO BE ENTITLED

AN ACT

relating to the modification of a possession order and temporary

possession of a child when a conservator of the child is

incapacitated.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 156, Family Code, is

amended by adding Section 156.107 to read as follows:

Sec. 156.107. MODIFICATION ON INCAPACITATION OF

CONSERVATOR; TEMPORARY POSSESSION OF CHILD. (a) The temporary or

permanent incapacitation of a conservator of a child is a material

and substantial change in circumstances sufficient to justify a

temporary order and modification of an existing court order or

portion of a decree that provides for the appointment of a

conservator or that sets the terms and conditions of

conservatorship or for the possession of or access to the child.

For purposes of this section, a conservator is incapacitated if the

conservator experiences a physical condition, mental condition, or

period of incarceration that renders the conservator substantially

unable to:

(1) provide food, clothing, or shelter to the child;

(2) care for the child's physical health; or

(3) care for the conservator's physical health.

(b) Except as provided by Subsection (c), if a conservator

of a child becomes incapacitated, the child's other conservator, if

another conservator has been appointed for the child, is entitled

to exercise all of the incapacitated conservator's periods of

possession of the child immediately following the onset of the

incapacitation and continuing until the earlier of the date:

(1) the incapacitated conservator is again capable of

caring for the child; or

(2) the court, due to the material and substantial

change in circumstances caused by the incapacitation, renders an

order under this chapter modifying the appointment of the child's

conservators or the terms and conditions of conservatorship or for

the possession of or access to the child.

(c) A possessory conservator of a child is not entitled to

temporary possession under Subsection (b) if the existing order or

portion of a decree sought to be modified denied possession of the

child by the possessory conservator or imposed restrictions or

limitations on the possessory conservator's right to possession of

or access to the child.

(d) Nothing in this section may be construed to prevent a

party with standing to file suit under this title from filing for

modification under this chapter in response to a material and

substantial change in circumstances.

SECTION 2. Section 156.107, Family Code, as added by this

Act, applies only in regard to a conservator who becomes

incapacitated on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.