HB2645 - Relating to a suit for possession of or access to a child by a grandparent.

  89R11458 KRM-D     By: Dutton H.B. No. 2645       A BILL TO BE ENTITLED   AN ACT   relating to a suit for possession of or access to a child by a   grandparent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Part 2, Subchapter B, Chapter 107, Family Code,   is amended by adding Section 107.024 to read as follows:           Sec.   107.024.     APPOINTMENT OF GUARDIAN AD LITEM IN SUIT FOR   POSSESSION OR ACCESS BY GRANDPARENT. (a)     In a suit filed under   Section 153.432 requesting possession of or access to a grandchild,   the court shall appoint a guardian ad litem for the grandchild at   the request of a grandparent who is a party to the suit.           (b)     Notwithstanding Section 107.002(e), a guardian ad litem   appointed under this section shall submit to the court a report   regarding the guardian ad litem's recommendations relating to:                 (1)     the grandparent's possession of or access to the   grandchild in accordance with Section 153.433; and                 (2)     the bases for the guardian ad litem's   recommendations.          SECTION 2.  Section 153.432, Family Code, is amended by   adding Subsection (d) to read as follows:           (d)     An affidavit submitted under Subsection (c) is not   required to contain expert opinion.          SECTION 3.  Section 153.433, Family Code, is amended to read   as follows:          Sec. 153.433.  POSSESSION OF OR ACCESS TO GRANDCHILD.   (a)  The court may order reasonable possession of or access to a   grandchild by a grandparent if:                (1)  at the time the relief is requested, at least one   biological or adoptive parent of the child has not had that parent's   parental rights terminated; and                (2)  the grandparent requesting possession of or access   to the child overcomes the presumption that a parent acts in the   best interest of the parent's child by proving by a preponderance of   the evidence that denial of possession of or access to the child   would significantly impair the child's physical health or emotional   well-being[ ; and                [ (3)     the grandparent requesting possession of or   access to the child is a parent of a parent of the child and that   parent of the child:                      [ (A)     has been incarcerated in jail or prison   during the three-month period preceding the filing of the petition;                      [ (B)  has been found by a court to be incompetent;                      [ (C)  is dead; or                      [ (D)     does not have actual or court-ordered   possession of or access to the child ].           (a-1)     To meet the burden of proof under Subsection (a)(2), a   grandparent requesting possession of or access to a grandchild is   not required to offer expert testimony.          (b)  An order granting possession of or access to a child by a   grandparent that is rendered over a parent's objections must state,   with specificity , that:                (1)  at the time the relief was requested, at least one   biological or adoptive parent of the child had not had that parent's   parental rights terminated; and                (2)  the grandparent requesting possession of or access   to the child has overcome the presumption that a parent acts in the   best interest of the parent's child by proving by a preponderance of   the evidence that the denial of possession of or access to the child   would significantly impair the child's physical health or emotional   well-being[ ; and                [ (3)     the grandparent requesting possession of or   access to the child is a parent of a parent of the child and that   parent of the child:                      [ (A)     has been incarcerated in jail or prison   during the three-month period preceding the filing of the petition;                      [ (B)  has been found by a court to be incompetent;                      [ (C)  is dead; or                      [ (D)     does not have actual or court-ordered   possession of or access to the child ].          SECTION 4.  The change in law made by this Act applies to a   suit affecting the parent-child relationship that is pending in a   trial court on the effective date of this Act or filed on or after   that date.          SECTION 5.  This Act takes effect September 1, 2025.