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Texas · 89th Legislature Regular Session
SB2052Relating to suits affecting the parent-child relationship between a parent and a nonparent.
Direction
Custody & supportcustody parenting timeAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 90%
Requires nonparents to file a detailed affidavit and prove by clear and convincing evidence that denial of their requested relief would significantly impair the child's health or development in order to overcome the rebuttable presumption that a parent acts in the child's best interest and that the
In a suit between a parent and a nonparent, it is a rebuttable presumption that: (1) a parent acts in the best interest of the parent's child; and (2) it is in the best interest of a child to be in the care, custody, and control of a parent.
✓ Quote verified word for word in the bill text
Custody & supportotherAI label
↑Expands rights of the paying or noncustodial parentmodel confidence 85%
Imposes an additional affidavit requirement on nonparents seeking to file or intervene in suits affecting the parent-child relationship, requires courts to dismiss or strike if the affidavit is inadequate, and bars nonparents from overcoming the parental presumption based on a prior order to which a
A nonparent who files or intervenes in a suit affecting the parent-child relationship in which another party to the suit is a parent of the child shall execute and serve with the nonparent's initial pleading an affidavit that: (1) attests... that denying the relief sought would significantly impair the child's physical health or emotional development; and (2) contains facts that support the allegation under Subdivision (1).
⚠ Quote could not be matched to the bill text: treat this label with caution
Why the model tagged it this way: The bill strengthens the legal position of fit parents against nonparent (e.g. grandparent or other relative) claims for custody, conservatorship, possession or access by adding procedural hurdles for nonparents, codifying and reinforcing a rebuttable presumption favoring parents, raising the evidentiary standard to clear and convincing evidence, requiring specific factual findings, and limiting use of prior agreed orders; all of these changes expand the rights of the parent (who would otherwise be the less-custodial or paying party if nonparent relief is granted) relative to nonparent claims,
Related bills
SB335Relating to the best interest of the child in a suit affecting the parent-child relationship.=No change to rights of the paying or noncustodial parent=No change to rights of the paying or noncustodial parent Filed
HB185Relating to certain services and interventions ordered in a suit affecting a parent-child relationship and to certain judicial training requ↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Filed
HB692Relating to the interview of a child in a suit affecting a parent-child relationship.=No change to rights of the paying or noncustodial parent Filed
HB930Relating to the consideration of family violence and coercive control in determining conservatorship and possession of and access to a child↓Restricts rights of the paying or noncustodial parent↓Restricts rights of the paying or noncustodial parent Filed