Bill > SB849

This bill introduces significant changes to Texas family law regarding child custody and parenting arrangements, with a primary focus on promoting equal parenting time. The bill establishes a new "equal parenting order" as the presumptive standard for joint managing conservators, which provides both parents with essentially equal or nearly equal periods of physical possession and access to their child. The legislation shifts the state's policy to explicitly encourage parents to share equally in child-rearing responsibilities after separation or divorce. For children three years and older, courts are now presumed to implement an equal parenting order unless specific circumstances make such an arrangement unworkable or not in the child's best interest. If an equal parenting order is deemed inappropriate, the court may use an alternative possession order that provides a more flexible arrangement. The bill also requires courts to provide written justification if they deviate from the equal parenting presumption and modifies various legal definitions and procedures to support this new approach. Importantly, the changes do not automatically modify existing custody arrangements but will apply to new and pending cases, with the law taking effect on September 1, 2025.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB849