bill presuming parents win custody fights with nonparents

The text as introduced · 619 words

89R3679 AMF-F

By: Cook
H.B. No. 5595

A BILL TO BE ENTITLED

AN ACT

relating to the determination of the best interest of the child and

possession of or access to a child by a nonparent 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 Subsections (c), (d), (e), and (f) to read as follows:

(c) Subject to Subsections (d) and (e), in determining the

best interest of a child under this section with respect to a

request to modify an order to grant possession of or access to the

child to a nonparent, the presumption under Section 153.002(b)

applies.

(d) Except as provided by Subsection (f), in a suit for

modification between a parent and a nonparent, the presumption

under Section 153.002(b) is rebutted with respect to the parent who

is a party to the suit if the order subject to modification:

(1) expressly states that the presumption was rebutted

with respect to the parent;

(2) appoints a nonparent as conservator of the child;

(3) subject to Subsection (e), grants a nonparent

possession of or access to the child; or

(4) is the result of the parent's voluntary

relinquishment of the actual care, control, or possession of the

child to a nonparent as described by Section 153.373.

(e) The presumption under Section 153.002(b) may be

rebutted as provided by Subsection (d)(3) only in a suit for

modification in which a nonparent seeks possession of or access to

the child. The presumption may not be rebutted as provided by that

subdivision in a suit for modification in which a nonparent seeks

conservatorship of the child.

(f) Subsection (d) does not apply:

(1) to a temporary order rendered under Section

156.006; or

(2) if the order subject to modification expressly

states that the parties agree the presumption under Section

153.002(b) is not rebutted.

SECTION 3. The following provisions of the Family Code are

repealed:

(1) Section 102.004(c);

(2) Sections 153.432, 153.433, and 153.434;

(3) Section 161.206(c); and

(4) Section 162.017(d).

SECTION 4. (a) The changes in law made by this Act apply

only to a suit affecting the parent-child relationship that is

filed on or after the effective date of this Act. A suit affecting

the parent-child relationship filed before the effective date of

this Act is governed by the law in effect on the date the suit was

filed, and the former law is continued in effect for that purpose.

(b) The enactment of this Act does not constitute a material

and substantial change of circumstances sufficient to warrant

modification of a court order or portion of a decree that provides

for the possession of or access to a child rendered before the

effective date of this Act.

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