S.B. No. 820
  relating to a court order for the possession of or access to a child
  under three years of age.
         SECTION 1.  Section 153.254, Family Code, is amended to read
  as follows:
         Sec. 153.254.  CHILD LESS THAN THREE YEARS OF AGE. (a)  The
  court shall render an order appropriate under the circumstances for
  possession of a child less than three years of age. In rendering
  the order, the court shall consider evidence of all relevant
  factors, including:
               (1)  the caregiving provided to the child before and
  during the current suit;
               (2)  the effect on the child that may result from
  separation from either party;
               (3)  the availability of the parties as caregivers and
  the willingness of the parties to personally care for the child;
               (4)  the physical, medical, behavioral, and
  developmental needs of the child;
               (5)  the physical, medical, emotional, economic, and
  social conditions of the parties;
               (6)  the impact and influence of individuals, other
  than the parties, who will be present during periods of possession;
               (7)  the presence of siblings during periods of
               (8)  the child's need to develop healthy attachments to
  both parents;
               (9)  the child's need for continuity of routine;
               (10)  the location and proximity of the residences of
  the parties;
               (11)  the need for a temporary possession schedule that
  incrementally shifts to the schedule provided in the prospective
  order under Subsection (d) based on:
                     (A)  the age of the child; or
                     (B)  minimal or inconsistent contact with the
  child by a party;
               (12)  the ability of the parties to share in the
  responsibilities, rights, and duties of parenting; and
               (13)  any other evidence of the best interest of the
         (b)  Notwithstanding the Texas Rules of Civil Procedure, in
  rendering an order under Subsection (a), the court shall make
  findings in support of the order if:
               (1)  a party files a written request with the court not
  later than the 10th day after the date of the hearing; or
               (2)  a party makes an oral request in court during the
  hearing on the order.
         (c)  The court shall make and enter the findings required by
  Subsection (b) not later than the 15th day after the date the party
  makes the request.
         (d)  The court shall render a prospective order to take
  effect on the child's third birthday, which presumptively will be
  the standard possession order.
         SECTION 2.  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 3.  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 that is filed on or
  after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 820 passed the Senate on
  April 14, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 820 passed the House on
  May 5, 2011, by the following vote:  Yeas 144, Nays 2, one present
  not voting.
  Chief Clerk of the House