Bill Text: TX HB82 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to equal parenting orders in suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-17 - Filed [HB82 Detail]
Download: Texas-2021-HB82-Introduced.html
| 87S30178 EAS-F | ||
| By: Middleton | H.B. No. 82 | |
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| relating to equal parenting orders in suits affecting the | ||
| parent-child relationship. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 153.001(a), Family Code, is amended to | ||
| read as follows: | ||
| (a) The public policy of this state is to: | ||
| (1) assure that children will have frequent and | ||
| continuing contact with parents who have shown the ability to act in | ||
| the best interest of the child; | ||
| (2) provide a safe, stable, and nonviolent environment | ||
| for the child; and | ||
| (3) encourage parents to share equally in the rights | ||
| and duties of raising their child after the parents have separated | ||
| or dissolved their marriage. | ||
| SECTION 2. Section 153.134, Family Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) If the court renders an order appointing the parents | ||
| joint managing conservators under this section, the court shall | ||
| enter a possession order under Subchapter F-1 that provides for | ||
| equal parenting, unless the court determines that order is not in | ||
| the best interest of the child, in which case the court may enter: | ||
| (1) a standard possession order as provided by | ||
| Subchapter F; or | ||
| (2) another order regarding possession that the court | ||
| determines is in the best interest of the child. | ||
| SECTION 3. Chapter 153, Family Code, is amended by adding | ||
| Subchapter F-1 to read as follows: | ||
| SUBCHAPTER F-1. EQUAL PARENTING ORDER | ||
| Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER. | ||
| Notwithstanding any other provision of this chapter, a court shall, | ||
| as an alternative to the standard possession order under Subchapter | ||
| F, enter an order providing for periods of possession of a child in | ||
| accordance with this subchapter if the court: | ||
| (1) appoints the parents joint managing conservators | ||
| under Section 153.134; and | ||
| (2) determines that the order would be in the best | ||
| interest of the child. | ||
| Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING | ||
| ORDER. (a) Subject to Subsection (b), a court may enter an order | ||
| under this subchapter that provides that each parent has the right | ||
| to possession of the child under a schedule specified by the court, | ||
| provided that: | ||
| (1) the schedule may not grant possession to a parent | ||
| for a number of days each year that exceeds the number of days of | ||
| possession granted to the other parent for that year by more than | ||
| five days; and | ||
| (2) the schedule must alternate on a yearly basis the | ||
| parent who is granted possession for a number of days for the year | ||
| that exceeds the number of days granted to the other parent. | ||
| (b) A court shall provide parents with the opportunity to | ||
| select by agreement a schedule for possession described by | ||
| Subsection (a), subject to the court's determination that the | ||
| proposed schedule is in the best interest of the child. If the | ||
| parents do not agree, the court may order possession under any | ||
| schedule described by Subsection (a). | ||
| SECTION 4. 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. The change in law made by this Act applies to a | ||
| suit affecting the parent-child relationship that is pending in a | ||
| trial court on the effective date of this Act or that is filed on or | ||
| after the effective date of this Act. | ||
| SECTION 6. This Act takes effect February 1, 2022. | ||
