Bill Caption

Relating to orders for possession of and access to a child in a suit affecting the parent-child relationship.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 853 would alter the considerations a court must use when issuing a possessive order for a child less than three years old. The new list would include the pre-existing child-parent relationship, including the parents’ level of contact with the child and its siblings, the present and proposed environments in which possession of or access to the child would occur, and the circumstances of the contesting parties. It would remove the effect of separation from the parties on the child and the willingness of each party to care for the child.

The bill would also allow a court to issue an order for periods of possession of a child less than three years old, taking the best interests of the child into account, if the parties come to an agreement.

Vote Recommendation Notes

Texas Action is neutral on HB 853 which does not appear to affect our liberty principles.