custody preference age drops from 12 to 8

The text as introduced · 913 words

89R13463 KRM-D

By: A. Davis of Dallas
H.B. No. 4369

A BILL TO BE ENTITLED

AN ACT

relating to the age at which a child may express a preference to the

court on issues regarding residence and conservatorship in a suit

affecting the parent-child relationship.

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

SECTION 1. Sections 153.009(a) and (f), Family Code, are

amended 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 eight [ 12 ]

years of age or older and may interview in chambers a child under

eight [ 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.

(f) 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 record of the interview to be made when the

child is eight [ 12 ] years of age or older. A record of the interview

shall be part of the record in the case.

SECTION 2. Section 153.134(a), Family Code, is amended to

read as follows:

(a) If a written agreed parenting plan is not filed with the

court, the court may render an order appointing the parents joint

managing conservators only if the appointment is in the best

interest of the child, considering the following factors:

(1) whether the physical, psychological, or emotional

needs and development of the child will benefit from the

appointment of joint managing conservators;

(2) the ability of the parents to give first priority

to the welfare of the child and reach shared decisions in the

child's best interest;

(3) whether each parent can encourage and accept a

positive relationship between the child and the other parent;

(4) whether both parents participated in child rearing

before the filing of the suit;

(5) the geographical proximity of the parents'

residences;

(6) if the child is eight [ 12 ] years of age or older,

the child's preference, if any, regarding the person to have the

exclusive right to designate the primary residence of the child;

and

(7) any other relevant factor.

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 eight [ 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 eight [ 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. (a) The change in law made by this Act by the

amendment of Sections 153.009 and 153.134, Family Code, applies to

a suit affecting the parent-child relationship pending on the

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

(b) The change in law made by this Act by the amendment of

Sections 156.006 and 156.101, Family Code, applies to an action to

modify an order in 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.