S.B. No. 849 amends the Texas Family Code to establish a framework for "equal parenting orders" in child conservatorship cases, defining these orders as those that provide both joint managing conservators with equal or nearly equal physical possession and access to their child. The bill introduces provisions for alternative possession orders and establishes a rebuttable presumption favoring equal parenting arrangements, unless evidence, such as a history of family violence, suggests otherwise. It emphasizes shared parental responsibilities and mandates that courts provide written findings when deviating from equal parenting orders, outlining specific conditions under which such orders may be deemed unworkable or inappropriate.

The legislation also makes significant changes to existing terminology, replacing "standard" possession order with "alternative" possession order in various sections, including the definition of a "parenting plan." It requires courts to adjust possession orders for possessory conservators living within 50 miles of the child's primary residence, ensuring their rights are reflected as if they had chosen alternative possession times. Importantly, the bill clarifies that these changes do not constitute a material and substantial change of circumstances for modifying existing court orders and will apply to any pending suits affecting the parent-child relationship as of the effective date, 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 231, Family Code 153, Family Code 105)