HB5595 - Relating to the determination of the best interest of the child and possession of or access to a child by a nonparent in certain suits affecting the parent-child relationship.

  89R3679 AMF-F     By: Cook H.B. No. 5595       A BILL TO BE ENTITLED   AN ACT   relating to the determination of the best interest of the child and   possession of or access to a child by a nonparent in certain suits   affecting the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 153.002, Family Code, is amended to read   as follows:          Sec. 153.002.  BEST INTEREST OF CHILD. (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.          SECTION 2.  Section 156.101, Family Code, is amended by   adding Subsections (c), (d), (e), and (f) to read as follows:           (c)     Subject to Subsections (d) and (e), in determining the   best interest of a child under this section with respect to a   request to modify an order to grant possession of or access to the   child to a nonparent, the presumption under Section 153.002(b)   applies.           (d)     Except as provided by Subsection (f), in a suit for   modification between a parent and a nonparent, the presumption   under Section 153.002(b) is rebutted with respect to the parent who   is a party to the suit if the order subject to modification:                 (1)     expressly states that the presumption was rebutted   with respect to the parent;                 (2)  appoints a nonparent as conservator of the child;                 (3)     subject to Subsection (e), grants a nonparent   possession of or access to the child; or                   (4)     is the result of the parent's voluntary   relinquishment of the actual care, control, or possession of the   child to a nonparent as described by Section 153.373.             (e)     The presumption under Section 153.002(b) may be   rebutted as provided by Subsection (d)(3) only in a suit for   modification in which a nonparent seeks possession of or access to   the child. The presumption may not be rebutted as provided by that   subdivision in a suit for modification in which a nonparent seeks   conservatorship of the child.           (f)  Subsection (d) does not apply:                   (1)     to a temporary order rendered under Section   156.006; or                   (2)     if the order subject to modification expressly   states that the parties agree the presumption under Section   153.002(b) is not rebutted.            SECTION 3.  The following provisions of the Family Code are   repealed:                (1)  Section 102.004(c);                (2)  Sections 153.432, 153.433, and 153.434;                (3)  Section 161.206(c); and                (4)  Section 162.017(d).          SECTION 4.  (a) The changes in law made by this Act apply   only to a suit affecting the parent-child relationship that is   filed on or after the effective date of this Act. A suit affecting   the parent-child relationship filed before the effective date of   this Act is governed by the law in effect on the date the suit was   filed, and the former law is continued in effect for that purpose.          (b)  The enactment of this Act does not constitute a material   and substantial change of circumstances sufficient to warrant   modification of a court order or portion of a decree that provides   for the possession of or access to a child rendered before the   effective date of this Act.          SECTION 5.  This Act takes effect September 1, 2025.