Bill Text: TX HB390 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to standing for a grandparent or certain other persons to file a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-11 - Referred to Judiciary & Civil Jurisprudence [HB390 Detail]
Download: Texas-2013-HB390-Introduced.html
83R1537 EES-F | ||
By: Thompson of Harris | H.B. No. 390 |
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relating to standing for a grandparent or certain other persons to | ||
file a suit affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 102.004(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) In addition to the general standing to file suit | ||
provided by Section 102.003, a grandparent, or another relative of | ||
the child related within the third degree by consanguinity, may | ||
file an original suit requesting managing conservatorship if there | ||
is satisfactory proof to the court that: | ||
(1) the order requested is necessary because the | ||
child's present circumstances would significantly impair the | ||
child's physical health or emotional development; or | ||
(2) both parents, the surviving parent, or a [ |
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managing conservator or custodian either filed the petition or | ||
consented to the suit. | ||
(b) An original suit requesting possessory conservatorship | ||
may not be filed by a grandparent or other person. However, the | ||
court may grant a grandparent or other person deemed by the court to | ||
have had substantial past contact with the child leave to intervene | ||
in a pending suit filed by a person authorized to do so under this | ||
subchapter if, after notice and hearing, there is satisfactory | ||
proof to the court that appointment of a parent as a sole managing | ||
conservator or both parents as joint managing conservators would | ||
significantly impair the child's physical health or emotional | ||
development. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit filed before that date 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. | ||
SECTION 3. This Act takes effect September 1, 2013. |