S.B. No. 849 amends the Texas Family Code to establish new guidelines for conservatorship and child possession in parent-child relationship cases. A key feature of the bill is the introduction of the "equal parenting order," which ensures that both parents, when designated as joint managing conservators, have equal or nearly equal physical possession and access to their child. The bill also includes a rebuttable presumption that such an order is in the child's best interest unless evidence of family violence is presented. Additionally, it modifies existing sections to incorporate this new terminology and framework, emphasizing the importance of shared parenting responsibilities.

The bill further clarifies the conditions under which courts may limit parental rights, requiring written findings that such limitations serve the child's best interest. It replaces the term "standard" possession order with "alternative" possession order in several sections and mandates the Title IV-D agency to create informational materials regarding both the equal parenting order and alternative possession order. Importantly, the bill specifies that these changes do not constitute a material and substantial change of circumstances for modifying existing court orders, and they apply to any suits affecting the parent-child relationship filed after the effective date of September 1, 2025.

Statutes affected:
Introduced: Family Code 105.001, 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 153.253, Family Code 153.254, Family Code 153.255, Family Code 153.256, Family Code 153.258, Family Code 153.3101, Family Code 153.311, Family Code 153.314, Family Code 153.317, Family Code 231.1211 (Family Code 153, Family Code 231, Family Code 105)