bill rewriting custody factors for children under three

The text as introduced · 745 words

89R4379 MLH-F

By: Cook
H.B. No. 1915

A BILL TO BE ENTITLED

AN ACT

relating to orders for possession of and access to a child in a suit

affecting the parent-child relationship.

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

SECTION 1. Section 153.253, Family Code, is amended to read

as follows:

Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR

UNWORKABLE. The court shall render an order that grants periods of

possession of the child as similar as possible to those provided by

the standard possession order if the work schedule or other special

circumstances of the managing conservator, the possessory

conservator, or the child, or the year-round school schedule of the

child, make the standard possession order unworkable or

inappropriate.

SECTION 2. Section 153.254, Family Code, is amended by

amending Subsection (a) and adding Subsections (b) and (c) to read

as follows:

(a) The court shall render an order appropriate under the

circumstances for possession of a child less than three years of

age. In rendering the order, the court shall consider evidence of

all relevant factors, including:

(1) the preexisting parent-child relationship,

including whether there has been minimal or inconsistent contact

with the child and the child's siblings, if applicable [ caregiving

provided to the child before and during the current suit ];

(2) [ the effect on the child that may result from

separation from either party;

[ (3) ] the personal availability of the parties as

caregivers [ and the willingness of the parties to personally care

for the child ];

(3) [ (4) ] the present and immediate physical,

medical, behavioral, or [ and ] developmental needs of the child;

(4) any [ (5) the ] physical, medical, behavioral

[ emotional ], economic, or [ and ] social conditions of the parties;

(5) [ (6) ] the impact and influence of each individual

residing in a residence with a party to the suit or having

considerable interaction with the child [ individuals, other than

the parties, who will be present ] during a party's periods of

possession;

(6) the present and proposed environments in which

possession and access has occurred or is to occur;

(7) the presence or absence of siblings during periods

of possession;

(8) the child's need to develop healthy attachments to

each party, if possible [ both parents ];

(9) the child's need for continuity of routine;

(10) the location and proximity of the residences of

the parties;

(11) the need for a graduated [ temporary ] possession

schedule when there has been [ that incrementally shifts to the

schedule provided in the prospective order under Subsection (d)

based on:

[ (A) the age of the child; or

[ (B) ] minimal or inconsistent contact with the

child [ by a party ];

(12) the ability of the parties to share in the

responsibilities, rights, and duties of caring for the child

[ parenting ]; and

(13) any other issue consistent with [ evidence of ] the

best interest of the child , taking into consideration the

circumstances of the parties .

(b) The court shall render an order for periods of

possession of a child less than three years of age based on the

agreement of the parties, unless the court determines the agreement

is not in the best interest of the child.

(c) Section 153.258 applies to an order rendered under this

section.

SECTION 3. The heading to Section 153.258, Family Code, is

amended to read as follows:

Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM

STANDARD POSSESSION ORDER.

SECTION 4. Section 153.258(a), Family Code, is amended to

read as follows:

(a) In all cases in which possession of a child by a parent

is contested and the possession of the child varies from the

standard possession order, including a possession order for a child

under three years of age, on request by a party, the court shall

state in writing the specific reasons for the variance from the

standard possession order.

SECTION 5. The changes in law made by this Act to Section

153.254, Family Code, apply only to a suit affecting the

parent-child relationship that is filed on or after the effective

date of this Act. A suit filed before the effective date of this Act

is governed by the law in effect on the date the suit is filed, and

the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2025.