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A BILL TO BE ENTITLED
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AN ACT
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relating to the rendition by a court in a suit affecting the |
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parent-child relationship of an order that is contrary to the |
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expressed wishes of the child's parent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD; DEFERENCE TO PARENT. |
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(a) Except as otherwise provided by this section, the [The] best |
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interest of the child shall always be the primary consideration of |
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the court in determining the issues of conservatorship and |
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possession of and access to the child. |
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(b) The court may not render an order contrary to the |
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expressed wishes of a child's parent unless: |
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(1) the court determines that the parent is not a fit |
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parent; |
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(2) the order conforms with the expressed wishes of |
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the child's other parent, who is a fit parent; or |
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(3) the order is a compromise between the expressed |
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wishes of both parents, who are fit parents. |
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(c) For purposes of this section, a parent: |
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(1) is presumed to be a fit parent; and |
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(2) may be determined not to be a fit parent only if it |
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is shown by clear and convincing evidence that the parent does not |
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adequately care for the parent's child. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship pending before a |
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court on or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |