Bill Summary – FastDemocracy

   
      88(R) SB 1702 - Introduced version - Bill Text
      
            88R9423 AMF-D
         
		By:  Middleton
            S.B.  No.  1702
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to orders providing for the conservatorship of or 
         
            possession of and access to a child by the child's parents in a suit 
         
            affecting the parent-child relationship.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Chapter 101, Family Code, is amended by adding 
         
            Section 101.0122 to read as follows:
         
                          Sec.  101.0122.    EQUAL PARENTING ORDER.  "Equal parenting 
         
            order" means an order that provides both parents of a child who are 
         
            joint managing conservators with rights of equal or nearly equal 
         
            periods of physical possession of and access to the child in 
         
            accordance with Section 153.135.
         
                          SECTION  2.    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  3.    Section 153.007(a), Family Code, is amended to 
         
            read as follows:
         
                          (a)    To promote the amicable settlement of disputes between 
         
            the parties to a suit, the parties may enter into a written agreed 
         
            parenting plan containing provisions for conservatorship and 
         
            possession of the child and for modification of the parenting plan, 
         
            including variations from equal or nearly equal periods of physical 
         
            possession as provided by an equal parenting order under Section 
         
            153.135 or from the standard possession order under Subchapter F.
         
                          SECTION  4.    Section 153.072, Family Code, is amended to read 
         
            as follows:
         
                          Sec.  153.072.    WRITTEN FINDING REQUIRED TO LIMIT PARENTAL 
         
            RIGHTS AND DUTIES.  The court may limit the rights and duties of a 
         
            parent appointed as a conservator only if the court makes a written 
         
            finding that the limitation is in the best interest of the child.
         
                          SECTION  5.    Section 153.131(b), Family Code, is amended to 
         
            read as follows:
         
                          (b)    It is a rebuttable presumption that the appointment of 
         
            the parents of a child as joint managing conservators with equal 
         
            rights to possession of and access to the child is in the best 
         
            interest of the child.   A finding of a history of family violence 
         
            involving the parents of a child removes the presumption under this 
         
            subsection.
         
                          SECTION  6.    Section 153.135, Family Code, is amended to read 
         
            as follows:
         
                          Sec.  153.135.    EQUAL PARENTING ORDER FOR JOINT MANAGING 
         
            CONSERVATORS [POSSESSION NOT REQUIRED].   (a)  Notwithstanding any 
         
            other provision of this chapter and except as otherwise provided by 
         
            this section, if the court renders an order under Section 153.134 
         
            appointing both parents of a child as joint [Joint] managing 
         
            conservators, the court shall render an equal parenting order 
         
            providing for [conservatorship does not require the award of] equal 
         
            or nearly equal periods of physical possession of and access to the 
         
            child to each of the managing [joint] conservators unless the court 
         
            determines and enters findings of fact on the record specifying 
         
            that:
         
                                      (1)    an equal parenting order is unworkable or 
         
            inappropriate due to the work schedule or other special 
         
            circumstances of a managing conservator or the child, or the school 
         
            schedule of the child; or
         
                                      (2)    equal or nearly equal periods of physical 
         
            possession and access are not in the best interest of the child.
         
                          (b)    If the court determines under Subsection (a) that the 
         
            equal parenting order is unworkable or inappropriate or not in the 
         
            best interest of the child, the court may enter a standard 
         
            possession order under Subchapter F, including an expanded standard 
         
            possession order under Section 153.3171,
Statutes affected: 
Introduced: Family Code 153.001, Family Code 153.007, Family Code 153.072, Family Code 153.131, Family Code 153.135, Family Code 153.251, Family Code 153.252 (Family Code 153)



	A BILL TO BE ENTITLED
	AN ACT
	relating to orders providing for the conservatorship of or
	possession of and access to a child by the child's parents in a suit
	affecting the parent-child relationship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 101, Family Code, is amended by adding
	Section 101.0122 to read as follows:
	Sec. 101.0122. EQUAL PARENTING ORDER. "Equal parenting
	order" means an order that provides both parents of a child who are
	joint managing conservators with rights of equal or nearly equal
	periods of physical possession of and access to the child in
	accordance with Section 153.135.
	SECTION 2. 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 3. Section 153.007(a), Family Code, is amended to
	read as follows:
	(a) To promote the amicable settlement of disputes between
	the parties to a suit, the parties may enter into a written agreed
	parenting plan containing provisions for conservatorship and
	possession of the child and for modification of the parenting plan,
	including variations from equal or nearly equal periods of physical
	possession as provided by an equal parenting order under Section
	153.135 or from the standard possession order under Subchapter F.
	SECTION 4. Section 153.072, Family Code, is amended to read
	as follows:
	Sec. 153.072. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL
	RIGHTS AND DUTIES. The court may limit the rights and duties of a
	parent appointed as a conservator only if the court makes a written
	finding that the limitation is in the best interest of the child.
	SECTION 5. Section 153.131(b), Family Code, is amended to
	read as follows:
	(b) It is a rebuttable presumption that the appointment of
	the parents of a child as joint managing conservators with equal
	rights to possession of and access to the child is in the best
	interest of the child. A finding of a history of family violence
	involving the parents of a child removes the presumption under this
	subsection.
	SECTION 6. Section 153.135, Family Code, is amended to read
	as follows:
	Sec. 153.135. EQUAL PARENTING ORDER FOR JOINT MANAGING
	CONSERVATORS [~~POSSESSION NOT REQUIRED~~]. (a) Notwithstanding any
	other provision of this chapter and except as otherwise provided by
	this section, if the court renders an order under Section 153.134
	appointing both parents of a child as joint [~~Joint~~] managing
	conservators, the court shall render an equal parenting order
	providing for [~~conservatorship does not require the award of~~] equal
	or nearly equal periods of physical possession of and access to the
	child to each of the managing [~~joint~~] conservators unless the court
	determines and enters findings of fact on the record specifying
	that:
	(1) an equal parenting order is unworkable or
	inappropriate due to the work schedule or other special
	circumstances of a managing conservator or the child, or the school
	schedule of the child; or
	(2) equal or nearly equal periods of physical
	possession and access are not in the best interest of the child.
	(b) If the court determines under Subsection (a) that the
	equal parenting order is unworkable or inappropriate or not in the
	best interest of the child, the court may enter a standard
	possession order under Subchapter F, including an expanded standard
	possession order under Section 153.3171, Statutes affected: Introduced: Family Code 153.001, Family Code 153.007, Family Code 153.072, Family Code 153.131, Family Code 153.135, Family Code 153.251, Family Code 153.252 (Family Code 153)