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HB 2716

AN ACT relating to the consideration of a history of family violence,

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Modifies how Texas courts evaluate family violence history in child custody cases by removing the previous two-year time limitation on considering evidence of abuse. Courts must now consider any credible evidence of family violence, sexual abuse, or child neglect when determining parental conservatorship and child access, regardless of when the abuse occurred. The law aims to prioritize child safety by allowing judges to consider a broader history of violent or abusive behavior when making custody decisions, which could prevent potentially dangerous parents from gaining unsupervised access to children.

Subject Areas

Bill Text

relating to the consideration of a history of family violence,
child neglect or abuse, or sexual offenses in suits affecting the
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 before [within a two-year period preceding] the filing of
the suit or 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 before [during the two years preceding] the date of the
filing of the suit or 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 before [during the two-year period preceding] the filing of
the suit or 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
SECTION 3.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the consideration of a history of family violence,