H.B. No. 4656 introduces amendments to the Family Code regarding suits affecting the parent-child relationship, specifically between parents and nonparents. A new section, 102.0031, mandates that nonparents filing or intervening in such suits must submit an affidavit with their initial pleading. This affidavit must attest that denying the requested relief would significantly impair the child's physical health or emotional development and must include supporting facts. The court is required to dismiss the suit or strike the intervention unless it finds the affidavit sufficient to support the claim.

Additionally, the bill establishes a rebuttable presumption in favor of parents acting in the best interest of their child in cases involving nonparents. Nonparents can overcome this presumption by providing clear and convincing evidence that denying their request would significantly harm the child. Furthermore, in modification suits between a parent and a nonparent, the nonparent must also meet the same evidentiary standard and cannot rely on prior agreements if the parent consented to them. The changes will apply to any relevant suits pending or filed after the effective date of September 1, 2025.

Statutes affected:
Introduced: Family Code 153.002, Family Code 156.101 (Family Code 156, Family Code 153)
House Committee Report: Family Code 153.002 (Family Code 156, Family Code 153)