judges can interview kids somewhere besides chambers

The text as introduced · 875 words

89R1869 PRL-D

By: Gámez
H.B. No. 2160

A BILL TO BE ENTITLED

AN ACT

relating to the interview of a child in a suit affecting a

parent-child relationship.

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

SECTION 1. The heading to Section 153.009, Family Code, is

amended to read as follows:

Sec. 153.009. INTERVIEW OF CHILD BY COURT [ IN CHAMBERS ].

SECTION 2. Section 153.009, Family Code, is amended by

amending Subsections (a), (b), (d), and (f) and adding Subsection

(g) to read as follows:

(a) In a nonjury trial or at a hearing, on the application of

a party, the amicus attorney, or the attorney ad litem for the

child, the court shall interview [ in chambers ] a child 12 years of

age or older and may interview [ in chambers ] a child under 12 years

of age to determine the child's wishes as to conservatorship or as

to the person who shall have the exclusive right to determine the

child's primary residence. The court may also interview a child [ in

chambers ] on the court's own motion for a purpose specified by this

subsection. The court may interview the child in chambers or in

another location used by the court.

(b) In a nonjury trial or at a hearing, on the application of

a party, the amicus attorney, or the attorney ad litem for the child

or on the court's own motion, the court may interview the child

under this section [ in chambers ] to determine the child's wishes as

to possession, access, or any other issue in the suit affecting the

parent-child relationship.

(d) In a jury trial, the court may not interview the child

under this section [ in chambers ] regarding an issue on which a party

is entitled to a jury verdict.

(f) If the child is 12 years of age or older, the court:

(1) may cause a record of the interview to be made on

the court's own motion; or

(2) on [ On ] the motion of a party, the amicus attorney,

or the attorney ad litem for the child, [ or on the court's own

motion, the court ] shall cause :

(A) a record of the interview to be made ; and

(B) the [ when the child is 12 years of age or

older. A ] record of the interview to [ shall ] be part of the record

in the case.

(g) A court shall order the sealing of a record of an

interview made under this section unless a party has filed a notice

of appeal for the suit.

SECTION 3. Section 156.006(b), Family Code, is amended to

read as follows:

(b) While a suit for modification is pending, the court may

not render a temporary order that has the effect of creating a

designation, or changing the designation, of the person who has the

exclusive right to designate the primary residence of the child, or

the effect of creating a geographic area, or changing or

eliminating the geographic area, within which a conservator must

maintain the child's primary residence, under the final order

unless the temporary order is in the best interest of the child and:

(1) the order is necessary because the child's present

circumstances would significantly impair the child's physical

health or emotional development;

(2) the person designated in the final order has

voluntarily relinquished the primary care and possession of the

child for more than six months; or

(3) the child is 12 years of age or older and has

expressed to the court [ in chambers ] as provided by Section 153.009

the name of the person who is the child's preference to have the

exclusive right to designate the primary residence of the child.

SECTION 4. Section 156.101(a), Family Code, is amended to

read as follows:

(a) The court may modify an order that provides for the

appointment of a conservator of a child, that provides the terms and

conditions of conservatorship, or that provides for the possession

of or access to a child if modification would be in the best

interest of the child and:

(1) the circumstances of the child, a conservator, or

other party affected by the order have materially and substantially

changed since the earlier of:

(A) the date of the rendition of the order; or

(B) the date of the signing of a mediated or

collaborative law settlement agreement on which the order is based;

(2) the child is at least 12 years of age and has

expressed to the court [ in chambers ] as provided by Section 153.009

the name of the person who is the child's preference to have the

exclusive right to designate the primary residence of the child; or

(3) the conservator who has the exclusive right to

designate the primary residence of the child has voluntarily

relinquished the primary care and possession of the child to

another person for at least six months.

SECTION 5. The change in law made by this Act applies only

to a suit affecting the parent-child relationship pending on the

effective date of this Act or filed on or after that date.

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