Curry Bill Stretches Custody Abuse Look-Back From Two To Five Years

The text as introduced · 515 words

90R2216 AMF-D

By: Curry
H.B. No. 306

A BILL TO BE ENTITLED

AN ACT

relating to the consideration of a history of family violence,

child neglect or abuse, or sexual offenses in suits affecting the

parent-child relationship.

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

SECTION 1. Sections 153.004(a), (d), and (f), Family Code,

are amended to read as follows:

(a) In determining whether to appoint a party as a sole or

joint managing conservator, the court shall consider evidence of

the intentional use of abusive physical force, or evidence of

sexual abuse, by a party directed against the party's spouse, a

parent of the child, or any person younger than 18 years of age

committed :

(1) during the [ within a two-year ] period preceding

the date of the filing of the suit beginning on the earlier of:

(A) five years before the date the suit was

filed; or

(B) the date the parties to the suit began to live

separate and apart; or

(2) during the pendency of the suit.

(d) The court may not allow a parent to have access to a

child for whom it is shown by a preponderance of the evidence that:

(1) there is a history or pattern of committing family

violence :

(A) during the period [ two years ] preceding the

date of the filing of the suit beginning on the earlier of:

(i) five years before the date the suit was

filed; or

(ii) the date the parties to the suit began

to live separate and apart; or

(B) during the pendency of the suit; or

(2) the parent engaged in conduct that constitutes an

offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,

and that as a direct result of the conduct, the victim of the

conduct became pregnant with the parent's child.

(f) In determining under this section whether there is

credible evidence of a history or pattern of past or present child

neglect or abuse or family violence by a parent or other person, as

applicable, the court shall consider whether a protective order was

rendered under Chapter 85 [ , Title 4, ] against the parent or other

person :

(1) during the [ two-year ] period preceding the date of

the filing of the suit beginning on the earlier of:

(A) five years before the date the suit was

filed; or

(B) the date the parties to the suit began to live

separate and apart; or

(2) during the pendency of the suit.

SECTION 2. The changes in law made by this Act apply only to

a suit affecting the parent-child relationship pending in a trial

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

date.

SECTION 3. This Act takes effect July 1, 2027, if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for effect on that

date, this Act takes effect September 1, 2027.