S.B. No. 820

	AN ACT
	relating to a court order for the possession of or access to a child
	under three years of age.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	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
	possession;
	(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
	child.
	(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
	Approved:
	______________________________
	Date
	______________________________
	Governor