HB 2716
AN ACT relating to the consideration of a history of family violence,
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
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
Bill filed: AN ACT relating to the consideration of a history of family violence,
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