The bill amends the Family Code regarding the interview process of children in suits affecting parent-child relationships. It updates Section 153.009 to allow the court to interview children aged 12 and older in chambers or another location within the courthouse, rather than solely in chambers. The court may also interview children under 12 at its discretion. The bill specifies that the purpose of these interviews is to determine the child's wishes regarding conservatorship, possession, access, and any other issues affecting the parent-child relationship. Additionally, it mandates that a record of the interview be made for children aged 12 and older, and that this record be sealed unless an appeal has been filed.
Furthermore, the bill modifies Sections 156.006 and 156.101 to incorporate the results of these interviews into considerations for temporary orders and modifications of conservatorship. Specifically, it allows the court to consider a child's expressed preference regarding their primary residence when making decisions about modifications, provided the child is 12 years or older and has communicated their preference during an interview conducted under the updated Section 153.009. The bill also repeals Section 153.009(b) and establishes that the changes will apply to any pending or future suits affecting the parent-child relationship after the effective date of September 1, 2025.
Statutes affected: Introduced: Family Code 153.009, Family Code 156.006, Family Code 156.101 (Family Code 153, Family Code 156)
House Committee Report: Family Code 153.009, Family Code 156.006, Family Code 156.101 (Family Code 153, Family Code 156)