HB 1915
AN ACT relating to orders for possession of and access to a child in a suit
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
This Texas bill modifies child custody and possession orders for children under three years old, requiring courts to consider multiple factors when determining parenting time and access. When creating custody arrangements, judges must evaluate elements like the existing parent-child relationship, each parent's availability, the child's developmental needs, living environments, and the potential for healthy attachment to both parents. The bill requires courts to base orders on the child's best interests and provides a framework for more nuanced, individualized custody arrangements that prioritize the child's developmental and emotional well-being.
Subject Areas
Bill Text
relating to orders for possession of and access to a child in a suit affecting the parent-child relationship. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 153.253, Family Code, is amended to read Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. The court shall render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order if the work schedule or other special circumstances of the managing conservator, the possessory conservator, or the child, or the year-round school schedule of the child, make the standard possession order unworkable or SECTION 2. Section 153.254, Family Code, is amended by amending Subsection (a) and adding Subsections (b) and (c) to read (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. In rendering the order, the court shall consider evidence of all relevant factors, including: (1) the preexisting parent-child relationship, including whether there has been minimal or inconsistent contact with the child and the child's siblings, if applicable [caregiving provided to the child before and during the current suit]; (2) [the effect on the child that may result from [(3)] the personal availability of the parties as caregivers [and the willingness of the parties to personally care (3) [(4)] the present and immediate physical, medical, behavioral, or [and] developmental needs of the child; (4) any [(5) the] physical, medical, behavioral [emotional], economic, or [and] social conditions of the parties; (5) [(6)] the impact and influence of each individual residing in a residence with a party to the suit or having considerable interaction with the child [individuals, other than the parties, who will be present] during a party's periods of (6) the present and proposed environments in which possession and access has occurred or is to occur; (7) the presence or absence of siblings during periods (8) the child's need to develop healthy attachments to each party, if possible [both parents]; (9) the child's need for continuity of routine; (10) the location and proximity of the residences of (11) the need for a graduated [temporary] possession schedule when there has been [that incrementally shifts to the schedule provided in the prospective order under Subsection (d) [(B)] minimal or inconsistent contact with the (12) the ability of the parties to share in the responsibilities, rights, and duties of caring for the child (13) any other issue consistent with [evidence of] the best interest of the child, taking into consideration the (b) The court shall render an order for periods of possession of a child less than three years of age based on the agreement of the parties, unless the court determines the agreement is not in the best interest of the child. (c) Section 153.258 applies to an order rendered under this SECTION 3. The heading to Section 153.258, Family Code, is Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM SECTION 4. Section 153.258(a), Family Code, is amended to (a) In all cases in which possession of a child by a parent is contested and the possession of the child varies from the standard possession order, including a possession order for a child under three years of age, on request by a party, the court shall state in writing the specific reasons for the variance from the SECTION 5. The changes in law made by this Act to Section 153.254, Family Code, apply only to a suit affecting the parent-child relationship that is filed on or after the effective date of this Act. A suit filed before the effective date of this Act is governed by the law in effect on the date the suit is filed, and the former law is continued in effect for that purpose. SECTION 6. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to orders for possession of and access to a child in a suit
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