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Bill > HB5595


TX HB5595

TX HB5595
Relating to the determination of the best interest of the child and possession of or access to a child by a nonparent in certain suits affecting the parent-child relationship.


summary

Introduced
03/14/2025
In Committee
04/07/2025
Crossed Over
Passed
Dead
06/02/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT relating to the determination of the best interest of the child and possession of or access to a child by a nonparent in certain suits affecting the parent-child relationship.

AI Summary

This bill modifies Texas Family Code provisions regarding child custody and possession, primarily focusing on legal disputes between parents and nonparents. The bill establishes a strong presumption in favor of parents, stating that parents are presumed to act in their child's best interest and that children are best served by being in their parent's care. For a nonparent to overcome this presumption and gain possession or access to a child, they must provide clear and convincing evidence that denying their request would significantly harm the child's physical or emotional development. The bill also outlines specific circumstances where this parental presumption might be rebutted, such as if a previous court order appointed a nonparent as conservator or if a parent voluntarily relinquished care of the child. The changes will only apply to new suits affecting parent-child relationships filed on or after September 1, 2025, and will not automatically modify existing court orders. Additionally, the bill repeals several existing sections of the Family Code related to child custody and nonparent rights, streamlining the legal framework for such disputes.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Referred to s/c on Family & Fiduciary Relationships by Speaker (on 04/07/2025)

bill text


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