In custody fights with nonparents, the parent starts ahead.
The bill writes into the Family Code a presumption that a parent acts in the child's best interest and that a child is best off in a parent's care when a parent is fighting a nonparent for custody or access. A nonparent such as a grandparent or other relative can beat that presumption only with clear and convincing evidence that denying their request would significantly impair the child's physical health or emotional development. The same presumption applies when a nonparent seeks to modify an existing order, unless the earlier order already found the presumption rebutted, and the change applies to pending and new cases starting September 1, 2025.
Labels
Labels: DO-OVER. Reworked text of a bill filed before that died: 88R HB 1986 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
relating to the determination of the best interest of the child in
certain suits affecting the parent-child relationship.
WHAT IT DOES
In custody fights with nonparents, the parent starts ahead.
The bill writes into the Family Code a presumption that a parent acts in the child's best interest and that a child is best off in a parent's care when a parent is fighting a nonparent for custody or access. A nonparent such as a grandparent or other relative can beat that presumption only with clear and convincing evidence that denying their request would significantly impair the child's physical health or emotional development. The same presumption applies when a nonparent seeks to modify an existing order, unless the earlier order already found the presumption rebutted, and the change applies to pending and new cases starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
89R16344 AMF-F
By: Vasut
H.B. No. 4656
A BILL TO BE ENTITLED
AN ACT
relating to the determination of the best interest of the child in
certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.002, Family Code, is amended to read
as follows:
Sec. 153.002. BEST INTEREST OF CHILD. (a) The best
interest of the child shall always be the primary consideration of
the court in determining the issues of conservatorship and
possession of and access to the child.
(b) In a suit between a parent and a nonparent, it is a
rebuttable presumption that:
(1) a parent acts in the best interest of the parent's
child; and
(2) it is in the best interest of a child to be in the
care, custody, and control of a parent.
(c) In a suit between a parent and a nonparent, the
nonparent may overcome the presumption under Subsection (b) by
proving by clear and convincing evidence that denial of the relief
requested by the nonparent would significantly impair the child's
physical health or emotional development.
SECTION 2. Section 156.101, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) In a suit for modification between a parent and a
nonparent, the presumption under Section 153.002(b) applies. The
presumption is rebutted if, in the order subject to modification,
the presumption was rebutted with respect to the child who is the
subject of the suit.
SECTION 3. The changes in law made by this Act apply to a
suit affecting the parent-child relationship that is pending in a
trial court on or after the effective date of this Act or filed on or
after that date.
SECTION 4. This Act takes effect September 1, 2025.