Bill > SB2052

This bill establishes new legal requirements for nonparents seeking to file or intervene in child custody cases involving a parent. Specifically, nonparents must now submit an affidavit with their initial legal filing that provides personal knowledge or credible representations demonstrating that denying their requested relief would significantly impair the child's physical health or emotional development. The bill creates a rebuttable presumption that parents act in their child's best interests and that children are best served by being in a parent's care, custody, and control. To overcome this presumption, nonparents must provide clear and convincing evidence showing significant potential harm to the child if their requested relief is denied. In modification suits between a parent and nonparent, nonparents cannot overcome the presumption if the parent previously agreed to an order granting relief to the nonparent. These new provisions aim to strengthen parental rights and establish a higher legal standard for nonparents seeking custody or visitation, requiring them to prove that their involvement is critically important to the child's well-being. The bill will apply to all parent-child relationship suits pending or filed on or after its effective date of September 1, 2025.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2052