S.B. No. 849 seeks to amend the Texas Family Code to establish clearer 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 access to their child. The bill also revises existing sections to incorporate this new terminology, highlighting the importance of shared parenting responsibilities following separation or divorce. Additionally, it alters the terminology from "standard possession order" to "alternative possession order" in various sections, including Sections 153.3171 and 231.1211, and defines "parenting plan" to include provisions for equal parenting orders under Section 153.135.

The legislation reinforces the presumption that equal parenting is in the best interest of the child while allowing for alternative possession orders under specific circumstances, such as work schedules. Courts are required to provide written findings when deviating from the equal parenting order, promoting transparency. The bill also mandates that if a possessory conservator lives within 50 miles of the child's primary residence, the court must adjust the possession order accordingly. Importantly, the enactment of this Act does not constitute a substantial change in circumstances for modifying existing child possession orders, and the changes will apply to any pending or new suits filed on or after 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 105, Family Code 231)