bill boosting grandparents in custody time fights

The text as introduced · 660 words

89R11458 KRM-D

By: Dutton
H.B. No. 2645

A BILL TO BE ENTITLED

AN ACT

relating to a suit for possession of or access to a child by a

grandparent.

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

SECTION 1. Part 2, Subchapter B, Chapter 107, Family Code,

is amended by adding Section 107.024 to read as follows:

Sec. 107.024. APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR

POSSESSION OR ACCESS BY GRANDPARENT. (a) In a suit filed under

Section 153.432 requesting possession of or access to a grandchild,

the court shall appoint a guardian ad litem for the grandchild at

the request of a grandparent who is a party to the suit.

(b) Notwithstanding Section 107.002(e), a guardian ad litem

appointed under this section shall submit to the court a report

regarding the guardian ad litem's recommendations relating to:

(1) the grandparent's possession of or access to the

grandchild in accordance with Section 153.433; and

(2) the bases for the guardian ad litem's

recommendations.

SECTION 2. Section 153.432, Family Code, is amended by

adding Subsection (d) to read as follows:

(d) An affidavit submitted under Subsection (c) is not

required to contain expert opinion.

SECTION 3. Section 153.433, Family Code, is amended to read

as follows:

Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD.

(a) The court may order reasonable possession of or access to a

grandchild by a grandparent if:

(1) at the time the relief is requested, at least one

biological or adoptive parent of the child has not had that parent's

parental rights terminated; and

(2) the grandparent requesting possession of or access

to the child overcomes the presumption that a parent acts in the

best interest of the parent's child by proving by a preponderance of

the evidence that denial of possession of or access to the child

would significantly impair the child's physical health or emotional

well-being[ ; and

[ (3) the grandparent requesting possession of or

access to the child is a parent of a parent of the child and that

parent of the child:

[ (A) has been incarcerated in jail or prison

during the three-month period preceding the filing of the petition;

[ (B) has been found by a court to be incompetent;

[ (C) is dead; or

[ (D) does not have actual or court-ordered

possession of or access to the child ].

(a-1) To meet the burden of proof under Subsection (a)(2), a

grandparent requesting possession of or access to a grandchild is

not required to offer expert testimony.

(b) An order granting possession of or access to a child by a

grandparent that is rendered over a parent's objections must state,

with specificity , that:

(1) at the time the relief was requested, at least one

biological or adoptive parent of the child had not had that parent's

parental rights terminated; and

(2) the grandparent requesting possession of or access

to the child has overcome the presumption that a parent acts in the

best interest of the parent's child by proving by a preponderance of

the evidence that the denial of possession of or access to the child

would significantly impair the child's physical health or emotional

well-being[ ; and

[ (3) the grandparent requesting possession of or

access to the child is a parent of a parent of the child and that

parent of the child:

[ (A) has been incarcerated in jail or prison

during the three-month period preceding the filing of the petition;

[ (B) has been found by a court to be incompetent;

[ (C) is dead; or

[ (D) does not have actual or court-ordered

possession of or access to the child ].

SECTION 4. The change in law made by this Act applies to a

suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or filed on or after

that date.

SECTION 5. This Act takes effect September 1, 2025.