bill letting judges interview kids anywhere in the courthouse

The text as introduced · 857 words

90R3365 KRM-D

By: Gámez
H.B. No. 692

A BILL TO BE ENTITLED

AN ACT

relating to the interview of a child in a suit affecting a

parent-child relationship.

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

SECTION 1. The heading to Section 153.009, Family Code, is

amended to read as follows:

Sec. 153.009. INTERVIEW OF CHILD BY COURT [ IN CHAMBERS ].

SECTION 2. Sections 153.009(a), (d), and (f), Family Code,

are amended to read as follows:

(a) In a nonjury trial or at a hearing , the court:

(1) [ , ] 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 12 years of age or older in chambers

or, at the court's discretion, in another location in the

courthouse, and may interview [ in chambers ] a child under 12 years

of age in chambers or, at the court's discretion, in another

location in the courthouse, to determine the child's wishes as to :

(A) conservatorship , possession, or access;

(B) [ or as to ] the person who shall have the

exclusive right to determine the child's primary residence ; or

(C) any other issue affecting the parent-child

relationship; and

(2) on the court's own motion, [ . The court ] may [ also ]

interview a child of any age [ in chambers on the court's own motion ]

for a purpose specified by Subdivision (1) [ this subsection ].

(d) In a jury trial, an [ the court may not ] interview

conducted under this section may not be introduced to the jury [ the

child in chambers regarding an issue on which a party is entitled to

a jury verdict ].

(f) If the court interviews a child 12 years of age or older

under this section [ 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 :

(1) cause a record of the interview to be made ; and

(2) unless a party has filed a notice of appeal for the

suit, order the sealing of the record of the interview [ when the

child is 12 years of age or older. A record of the interview shall

be part of the record in the case ].

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 12 years of age or older and has

expressed to the court in an interview conducted under [ 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 12 years of age and has

expressed to the court in an interview conducted under [ 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. Section 153.009(b), Family Code, is repealed.

SECTION 6. The change in law made by this Act applies only

to a suit affecting the parent-child relationship pending on the

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

SECTION 7. This Act takes effect September 1, 2027.