Relating to suits affecting the parent-child relationship between a parent and a nonparent.

89(R) HB 4656 - House Committee Report version - Bill Text

89R23367 MLH-F

By: Vasut, Cook

H.B. No. 4656

Substitute the following for H.B. No. 4656:

By: Schofield

C.S.H.B. No. 4656

A BILL TO BE ENTITLED

AN ACT

relating to suits affecting the parent-child relationship between a

parent and a nonparent.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 102, Family Code, is amended by adding

Section 102.0031 to read as follows:

Sec.

102.0031.

REQUIRED AFFIDAVIT FOR STANDING OF

NONPARENT. (a) A nonparent who files or intervenes in a suit

affecting the parent-child relationship in which another party to

the suit is a parent of the child shall execute and serve with the

nonparent's initial pleading an affidavit that:

(1)

attests, based on the nonparent's personal

knowledge or representations made to the nonparent by a person with

personal knowledge of the matter, that denying the relief sought

would significantly impair the child's physical health or emotional

development; and

(2)

contains facts that support the allegation under

Subdivision (1).

(b)

The court shall deny the relief sought and dismiss the

suit or strike the intervention, as applicable, unless the court

determines, based on the affidavit, that the affidavit contains

facts adequate to support the allegation under Subsection (a)(1).

SECTION 2. Section 153.002, Family Code, is amended to read

as follows:

Sec. 153.002. BEST INTEREST OF CHILD
; REBUTTABLE

PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT
.
(a)
The best

interest of the child shall always be the primary consideration of

the court in determining the issues of conservatorship and

possession of and access to the child.

(b)

In a suit between a parent and a nonparent, it is a

rebuttable presumption that:

(1)

a parent acts in the best interest of the parent's

child; and

(2)

it is in the best interest of a child to be in the

care, custody, and control of a parent.

(c)

In a suit between a parent and a nonparent, the

nonparent may overcome the presumption under Subsection (b) by

proving by clear and convincing evidence that denial of the relief

requested by the nonparent would significantly impair the child's

physical health or emotional development. If the court renders an

order in the suit granting relief to the nonparent, the court shall

state in the order:

(1)

the specific facts that support the court's

finding that denying the relief requested by the nonparent would

significantly impair the child's physical health or emotional

development; and

(2)

that the presumption under Subsection (b) has been

overcome.

SECTION 3. Subchapter A, Chapter 156, Family Code, is

amended by adding Section 156.008 to read as follows:

Sec.

156.008.

ADDITIONAL REQUIREMENTS IN SUIT FOR

MODIFICATION BETWEEN PARENT AND NONPARENT. In a suit for

modification between a parent and a nonparent, the nonparent:

(1)

must overcome the presumption under Section

153.002(b) by clear and convincing evidence; and

(2)

may not overcome the presumption under Section

153.002(b) on the basis of a prior order granting relief to the

nonparent if the parent agreed to the prior order.

SECTION 4. The changes in law made by this Act apply to a

suit affecting the parent-child relationship that is pending in a

trial court on or after the effective date of this Act or filed on or

after that date.

SECTION 5. This Act takes effect September 1, 2025.