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HB26-1309 • 2026

Abuse in Cases of Separation

The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or house

Children Crime Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. M. Froelich, Rep. T. Story, Sen. K. Wallace, Rep. K. Brown, Rep. C. Clifford, Rep. M. Duran, Rep. L. Goldstein, Rep. S. Lieder, Rep. M. Lindsay, Rep. K. Nguyen, Rep. M. Rutinel, Rep. G. Rydin, Rep. E. Sirota, Rep. J. Willford, Sen. J. Amabile, Sen. J. Coleman, Sen. L. Cutter, Sen. T. Exum, Sen. C. Kipp, Sen. W. Lindstedt, Sen. J. Marchman
Last action
2026-05-27
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The source text specifies requirements for mental health professionals but does not list them in the original candidate explanation's summary of who it affects; this was added based on the official summary.

HB26-1309: Clarifying Domestic Violence in Divorce Cases

This law updates the definition of domestic violence for divorce cases and requires courts to make official findings on abuse when deciding child custody.

What This Bill Does

  • Defines domestic violence under the Uniform Dissolution of Marriage Act to include specific acts or threats of harm or property damage against family members, even if no crime was committed.
  • States that a person's protective behaviors do not count as domestic violence.
  • Requires courts to make official findings on whether abuse happened when deciding child custody cases based on evidence presented.
  • Lists factors courts must consider for parenting time and decision-making if they find evidence of abuse or sexual assault.

Who It Names or Affects

  • Courts handling divorce cases under the Uniform Dissolution of Marriage Act
  • Parents involved in disputes over child custody or parenting time

Terms To Know

Uniform Dissolution of Marriage Act
The state law that governs how divorces and legal separations are handled.
Preponderance of the evidence
A standard where a court decides something is more likely true than not true based on the facts presented.

Limits and Unknowns

  • The text does not list every specific act that counts as domestic violence, only stating it includes specified acts or threats.
  • The effective date of this law is not provided in the source material.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.004

HOU Appropriations

Passed [*]

Plain English: This amendment updates the bill to clarify which reports count as evidence of domestic violence, requires courts to make specific written findings when abuse is proven, and adds rules about who pays for safety evaluations.

  • The court must list specific facts on record if it decides a parent committed domestic violence or child abuse based on certain official reports.
  • Courts can now consider testimony from therapists, school staff, and other witnesses when reviewing evidence of abuse submitted by parties or investigators.
  • If the court orders an evaluation for safety concerns involving alcohol or drugs, the party involved must pay all costs for that evaluation and any recommended treatment.
  • The bill is updated to use clearer language about restricting parenting time instead of limiting it.
  • Some parts of the amendment text are cut off or contain formatting errors (like 'MAKE findings'), making those specific instructions unclear.
  • The exact legal definitions for terms like 'intoxicating substances' depend on other laws not included in this text.
L.005

HOU Appropriations

Passed [*]

Plain English: This amendment removes several specific sections from the bill that listed examples of domestic violence acts.

  • It deletes references to four specific legal codes on page 4, keeping only two of them.
  • It removes a line and renumbers following items on page 7.
  • The amendment text lists exact lines and code numbers to delete but does not explain what those laws or examples actually say in plain English.
  • Because the specific content of the deleted sections is missing from this document, it is unclear exactly which types of harm are no longer included.
L.001

HOU Judiciary

Passed [*]

Plain English: This amendment requires courts to specifically investigate and document cases of domestic violence, child abuse, or sexual assault that led to a child's conception before deciding on parenting time and decision-making rights.

  • Courts must now determine if domestic violence, child abuse, neglect, or sexual assault resulting in the child's conception occurred when these issues are raised or suspected.
  • If such acts are proven, courts cannot give both parents equal decision-making power unless they find it is safe for the victim and child to cooperate on decisions.
  • Courts must list specific facts supporting any restrictions on parenting time, including details about abuse or assault that led to the child's conception.
  • The amendment adds a reference to a model code from the National Council of Juvenile and Family Court Judges to help courts handle these cases consistently.
  • The provided text is cut off at the end, so it does not show all details regarding section (1.6) or any other changes that might follow.
  • Some specific legal terms like 'preponderance of the evidence' are used in the bill but may need further explanation for full understanding.
L.003

HOU Judiciary

Lost

Plain English: This amendment would stop courts from using a parent's religious beliefs or disagreement with their child's sexual orientation as proof of abuse to limit parenting time, unless the behavior causes actual harm.

  • Courts cannot decide that a parent committed child abuse just because they hold sincere religious, moral, or philosophical beliefs.
  • Courts cannot restrict a parent's visitation or decision-making rights simply because they disagree with their child's sexual orientation or gender identity.
  • These protections only apply if the parent acted in good faith and did not cause real harm to the child.
  • This amendment was voted down by the House Judiciary Committee, so it does not become part of the final law.
  • The text uses specific legal terms like 'objective, demonstrable harm' that might need a judge's explanation to fully understand in real cases.
L.009

SEN State, Veterans, & Military Affairs

Passed [*]

Plain English: This amendment changes the bill to use the word 'treatment' instead of specific phrases like 'individual therapy'.

  • Replaces the phrase 'INDIVIDUAL THERAPY' with just 'TREATMENT' on page 20.
  • Changes 'INDIVIDUAL THERAPEUTIC TREATMENT' to simply 'TREATMENT' in another spot on page 20.
  • The amendment text does not explain why this change is needed or what specific types of treatment are now included.
  • It is unclear if removing the word 'individual' allows for group therapy or other forms of care, as the full context is missing.
L.006

Second Reading

Passed [**]

Plain English: This amendment requires a judge to make specific findings that shared decision-making is safe before allowing it in cases involving abuse.

  • Courts must now prove that mutual decision-making can happen without coercion, intimidation, or retaliation.
  • The amendment text only shows the new language added to page 3 of a report and does not explain how this change affects other parts of the bill.
  • It is unclear from this short excerpt exactly which types of cases or specific legal situations these rules apply to.
L.007

Second Reading

Lost [**]

Plain English: This amendment adds a rule stating that courts cannot treat religious beliefs or disagreement with a child's sexual orientation as proof of abuse, unless there is clear evidence of physical harm or emotional damage to the child.

  • Courts are forbidden from deciding someone committed child abuse just because they hold sincere religious, moral, or philosophical beliefs.
  • Courts cannot limit parenting time based on a parent disagreeing with their child's sexual orientation or gender identity.
  • The amendment clarifies that courts can still consider evidence if the conduct causes actual physical harm to the child.
  • This amendment was voted down and did not become part of the final bill, so these changes were never enacted into law.
L.008

Second Reading

Lost [**]

Plain English: This amendment adds a rule stating that courts cannot use evidence of sincerely held religious or moral beliefs to decide if child abuse occurred, unless those actions cause clear physical harm or emotional damage to the child.

  • Courts are forbidden from using a parent's sincere religious, moral, or philosophical beliefs as proof of child abuse or neglect.
  • Judges cannot limit parenting time or decision-making power based solely on these sincerely held beliefs.
  • The amendment creates an exception allowing courts to consider evidence if the conduct causes objective physical harm or serious emotional impairment to the child.
  • This amendment was lost during the legislative process and did not become part of the final bill.
  • The text does not define specific examples of what counts as 'objective, demonstrable harm' beyond general terms like physical health or emotional development.

Bill History

  1. 2026-05-27 Governor

    Governor Signed

  2. 2026-05-21 Governor

    Sent to the Governor

  3. 2026-05-21 Senate

    Signed by the President of the Senate

  4. 2026-05-21 House

    Signed by the Speaker of the House

  5. 2026-05-13 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-05-13 Senate

    Senate Third Reading Passed - No Amendments

  7. 2026-05-12 Senate

    Senate Second Reading Special Order - Passed with Amendments - Committee

  8. 2026-05-11 Senate

    Senate Second Reading Special Order - Laid Over Daily - No Amendments

  9. 2026-05-07 Senate

    Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole

  10. 2026-05-07 Senate

    Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  11. 2026-05-06 House

    House Third Reading Passed - No Amendments

  12. 2026-05-05 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  13. 2026-05-05 House

    House Committee on Appropriations Refer Amended to House Committee of the Whole

  14. 2026-03-31 House

    House Committee on Judiciary Refer Amended to Appropriations

  15. 2026-03-02 House

    Introduced In House - Assigned to Judiciary

Official Summary Text

The act clarifies that, for the purposes of the 'Uniform Dissolution of Marriage Act', domestic violence includes specified acts or threatened acts of harm or property damage against a family or household member; and clarifies that the conduct in the definition of domestic violence is domestic violence regardless of whether it constitutes a criminal offense. A person's protective behaviors do not constitute domestic violence.
For purposes of determining the allocation of parental responsibilities based on the best interests of the child, the act requires that for any evidence submitted to the court concerning whether a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the court may consider any relevant and admissible evidence, and the court shall make findings on the record by a preponderance of the evidence whether the party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child.
If the court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect, or sexual assault that resulted in the conception of a child, the act outlines the considerations that the court must undertake when determining decision-making responsibility and parenting time.
Under current law, prior to a court ordering a party accused of domestic violence or child abuse to take steps to improve a relationship with a protected party, a mental health professional who is approved by the domestic violence offender management board must verify the accused party's behavior. Instead, the act requires that the accused party participate in treatment with a mental health professional who holds a master's or doctoral degree and a mental health professional license and has specialized training and expertise in treating survivors and perpetrators of domestic violence and child abuse and the effects of domestic violence and child abuse.
(Note: This summary applies to this bill as enacted.)