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The Texas Fatherhood Empowerment Act

SECTION 1. Title.

This Act shall be known as "The Texas Fatherhood Empowerment Act."

SECTION 2. Amendment to the Texas Family Code.

Chapter 153 of the Texas Family Code is amended to add the following sections:

§ 153.135. CUSTODIAL PREFERENCE FOR FATHERS OF CHILDREN NINE YEARS OF AGE OR OLDER.

(a) In any suit affecting the parent-child relationship where conservatorship is in question, the court shall designate the father as the custodial parent for any child who is nine (9) years of age or older, provided that the father is capable and willing to assume custodial responsibilities.

(b) The court shall ensure that the child resides with the father for 50% or more of the time, unless the court finds, after a hearing, that such an arrangement would not be in the best interest of the child based on clear and convincing evidence.

(c) This provision does not apply if the father has a history of family violence, child abuse, neglect, or any other conduct that would render the father unfit to assume custodial duties.

(d) The court shall provide a written explanation for any deviation from the custodial arrangement specified in this section, detailing the specific reasons why it is not in the child's best interest to be in the father's custody for 50% or more of the time.

SECTION 3. Effective Date.

This Act shall take effect on September 1, 2025.

SECTION 4. Severability Clause.

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.

Here’s the revised draft of the proposed Texas legislation:

A BILL TO BE ENTITLED AN ACT relating to the designation of payments made by non-custodial parents for the benefit of the child as child support.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section [insert appropriate section], Texas Family Code, is amended by adding Subsection [insert subsection number] to read as follows:

(a) Designation of Payments by Non-Custodial Parent as Child Support (1) Notwithstanding any other provision of this code, any monies paid by a non-custodial parent to the custodial parent, to the non-custodial parent, or directly for the benefit of the child, shall be deemed child support if such payments are made at any time, including as far back as the conception of the child. (2) Payments deemed as child support under this subsection shall not be reclassified as gifts or any other form of non-support by any court or Title IV-D agency, including the Office of the Attorney General, except under circumstances defined by this code.

(b) Declaration Requirement (1) The non-custodial parent shall submit to the court a signed statement, declaring all payments made under this subsection as child support. This declaration shall include: (A) The amount of each payment; (B) The date of each payment; (C) The recipient of each payment; (D) The purpose of each payment, if made directly for the benefit of the child. (2) The declaration submitted under this section shall cite this Act as the authority for recognizing such payments as child support.

(c) Responsibilities of the Title IV-D Agency (1) The Title IV-D agency, through the Office of the Attorney General, shall be responsible for ensuring that all payments designated by a non-custodial parent under this section are counted as child support for the purposes of enforcement, arrearage calculation, and any other relevant proceedings. (2) The agency shall not reclassify such payments as gifts unless evidence is presented that directly contradicts the non-custodial parent’s declaration, subject to judicial review.

SECTION 2. This Act takes effect [insert date].

Title: Family Court Transparency Act

Section 1: Purpose and Intent

The purpose of this act is to enhance transparency and accountability within the family court system by requiring the recording of court sessions and ensuring accessibility to litigants involved in the case.

Section 2: Definitions

(a) Family Court: Refers to any court in the State of Texas that has jurisdiction over family law matters.

(b) Litigant: Refers to any party involved in a family court case, including but not limited to plaintiffs, defendants, petitioners, and respondents.

Section 3: Recording of Family Court Sessions

(a) All family court sessions, including hearings and trials, shall be recorded in their entirety.

(b) The recording shall include but not be limited to verbal statements, presentations of evidence, and rulings by the presiding judge.

(c) The recordings shall be of sufficient quality to ensure accuracy and clarity.

Section 4: Accessibility of Recordings

(a) The recordings of family court sessions shall be made available to the litigants in the case upon request.

(b) Litigants may request a copy of the recordings at their own expense.

(c) The recordings shall be made available in a format that is easily accessible to litigants.

Section 5: Submission to the Texas State Court of Appeals

(a) Litigants may request the submission of recordings to the Texas State Court of Appeals as part of an appeal.

(b) The Texas State Court of Appeals shall establish procedures for the submission and maintenance of these recordings upon demand as part of an appeal.

Section 6: Availability to the State Commission on Judicial Conduct

(a) The recordings of family court sessions shall be made available to the State Commission on Judicial Conduct upon request.

(b) The State Commission on Judicial Conduct may request access to these recordings as part of its oversight responsibilities.

Section 7: Prohibition of Fees

(a) No fees shall be charged to litigants for accessing or obtaining copies of the recordings beyond the expense of common data storage media.

Section 8: Funding

(a) The necessary funds for implementing this act shall be allocated from the state budget to ensure its effective enforcement.

Section 9: Implementation

This act shall take effect on the first day of the calendar month following its passage.

• [X] Senator
• [X] Rep

Kelly Follis, Senator Campbell's staffer, replied to me, but not the right message. Suggested how to overcome budget barriers.

[2023-12-31 Sun] squeezed in a few emails before the end of the year, including sending the proposed fed counterpart. Ted Cruz. John Cornyn. Chip Roy. Donna Campbell. Carrie Issac.

• tie Title IV-D funds to compliance with recording

Title: Family Court Transparency and Accountability Act of 2024

Section 1: Purpose and Findings

(a) Purpose: The purpose of this act is to enhance transparency and accountability in family court proceedings by ensuring that all such proceedings are recorded and made available to the public.

(b) Findings: The Congress finds that increased transparency in family court proceedings is essential for maintaining public trust and holding family law judges accountable for their decisions.

Section 2: Recording of Family Court Proceedings

(a) Requirement: Each state shall pass legislation or ensure that existing legislation mandates the recording of all family court proceedings, including hearings, trials, and conferences.

(b) Accessibility: Recordings of family court proceedings shall be made available to the public, with reasonable measures taken to protect the privacy of individuals involved in the proceedings.

(c) Format: Recordings may be made in audio or audiovisual format, as determined by the state legislation.

Section 3: Enforcement and Incentives

(a) Title IV-D Incentives: States that comply with the recording requirement outlined in Section 2 shall be eligible to receive Title IV-D incentives.

(b) Withholding of Incentives: The Secretary of Health and Human Services shall withhold Title IV-D incentives from any state found to be non-compliant with the recording requirement after a reasonable period for implementation has passed.

Section 4: Reporting and Compliance

(a) Reporting Requirement: Each state shall submit an annual report to the Secretary of Health and Human Services detailing its compliance with the recording and accessibility requirements.

(b) Review and Assessment: The Secretary of Health and Human Services shall conduct periodic assessments to ensure compliance with the recording and accessibility requirements.

Section 5: Implementation

(a) Timeline: States shall have [reasonable period, e.g., 18 months] from the enactment of this act to implement the recording and accessibility requirements.

(b) Technical Assistance: The Secretary of Health and Human Services may provide technical assistance to states in implementing the recording and accessibility requirements.

Section 6: Definitions

(a) Family Court Proceedings: For the purposes of this act, family court proceedings include any judicial proceedings related to family law matters, such as divorce, child custody, visitation, and domestic violence.

Section 7: Severability

If any provision of this Act or its application to any person or circumstances is held invalid, the remainder of the Act or the application of the provisions to other persons or circumstances shall not be affected.

Section 8: Effective Date

This act shall take effect [insert a reasonable timeframe, e.g., 90 days] after the date of enactment.

Title: Family Court Transparency and Accountability Act of 2024

Section 1: Purpose and Findings

(a) Purpose: The purpose of this act is to enhance transparency and accountability in family court proceedings by ensuring that all such proceedings are recorded and made available to the public.

(b) Findings: The Congress finds that increased transparency in family court proceedings is essential for maintaining public trust and holding family law judges accountable for their decisions.

Section 2: Recording of Family Court Proceedings

(a) Requirement: Each state shall pass legislation or ensure that existing legislation mandates the recording of all family court proceedings, including hearings, trials, and conferences.

(b) Accessibility: Recordings of family court proceedings shall be made available to the public, with reasonable measures taken to protect the privacy of individuals involved in the proceedings.

(c) Format: Recordings may be made in audio or audiovisual format, as determined by the state legislation.

Section 3: Enforcement and Incentives

(a) Title IV-D Incentives: States that comply with the recording requirement outlined in Section 2 shall be eligible to receive Title IV-D incentives.

(b) Withholding of Incentives: The Secretary of Health and Human Services shall withhold Title IV-D incentives from any state found to be non-compliant with the recording requirement after a reasonable period for implementation has passed.

Section 4: Funding Sources

(a) District Special Revenue Fund for Technology: Districts may utilize their special revenue fund for technology to finance the acquisition, installation, and maintenance of recording equipment for family court proceedings.

(b) County Special Revenue Fund for Technology: Counties may allocate resources from their special revenue fund for technology to support the recording of family court proceedings, ensuring that adequate infrastructure is in place.

(c) County General Operating Fund: Counties may use funds from their general operating budget to cover the costs associated with recording equipment and related expenses for family court proceedings.

(d) Grants from Texas State Health Services: Family courts may apply for and utilize grants available from the Texas State Health Services to support the recording of family court proceedings, particularly in cases involving public health concerns.

(e) Grants from the United States Department of Justice: Family courts may seek and use grants from the United States Department of Justice to enhance transparency and accountability through the recording of court proceedings.

(f) Grants from the United States Department of Health and Human Services: Family courts may apply for and use grants from the United States Department of Health and Human Services to fund the recording of family court proceedings, especially in cases involving child welfare and public health.

(g) Title IV-D Funds: Title IV-D funds may be used, as allowed by law, to finance the recording and dissemination of family court proceedings, particularly in cases involving child support enforcement.

Section 5: Reporting and Compliance

(a) Reporting Requirement: Each state shall submit an annual report to the Secretary of Health and Human Services detailing its compliance with the recording and accessibility requirements.

(b) Review and Assessment: The Secretary of Health and Human Services shall conduct periodic assessments to ensure compliance with the recording and accessibility requirements.

Section 6: Implementation

(a) Timeline: States shall have [reasonable period, e.g., 18 months] from the enactment of this act to implement the recording and accessibility requirements.

(b) Technical Assistance: The Secretary of Health and Human Services may provide technical assistance to states in implementing the recording and accessibility requirements.

Section 7: Definitions

(a) Family Court Proceedings: For the purposes of this act, family court proceedings include any judicial proceedings related to family law matters, such as divorce, child custody, visitation, and domestic violence.

Section 8: Severability

If any provision of this Act or its application to any person or circumstances is held invalid, the remainder of the Act or the application of the provisions to other persons or circumstances shall not be affected.

Section 9: Effective Date

This act shall take effect [insert a reasonable timeframe, e.g., 90 days] after the date of enactment.

Typed up notes.

[2024-04-14 Sun] I should just do this in person. No response on FOIA.

[2024-08-11 Sun] I have to re-send this as a TX Public Information Request, not a FoIA.

Interview my childhood county. It's where I grew up and a lot less afluent than my current county.

I heard that TC can give me some pointers on chasing down this kind of thing.

The Preservation of Parental Duties Act

Sec. 153.002. BEST INTEREST OF CHILD. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

• Robby D. Harris meta-analysis
• Flouri, 2008
• Carlson, 2006
• Flouri & Buchanan, 2004
• Boyce et al., 2006
• Dubowitz et al., 2001

Let us propose

Findings

• We find that it is in the best interest of the child to be raised by both parents.
• We find that a father's influence on a child is necessary for that child to learn values and be well prepared for adulthood in society, citizenship and healthy pursuit of happiness.
• Family courts in Texas have historically been biased against and acted against a child's right to his/her father.

We therefore propose an act Defining the best interest of the child.

The best interest of the child is to be raised by both parents . The court SHALL presume 50%/50% possessory time and joint custodianship. Separating the child from a parent for purposes of triggering Title IV-D is NOT in the child's best interest. The court SHALL NOT approve a custody order severing the parent/child relationship or reducing a child's time with a parent unless

1. the parent has been found unfit or incapable of caring for thie child or is found to be a danger to the child,
2. the parent has furnished a sworn statement to the court asking to convert his/her parental duties to a financial instrument.
3. the court has been presented with clear evidence beyond doubt that the parent has abandoned his/her parental duties.

They'll have to get back to me.

Stand-alone: Best Interest of the Child

• [X] JJFI comment
• [X] Rep
• [X] Senator

Judge testifying. Holey factors. Holey vs Adams. Troxel. Presumption that a fit parent looks out for the child, and parent determines. Did not discuss Holey vs Adams.

in re Stephanie Lee. - turned best interest on its ear. Parent having relationship with sex offender. Judge on his own motion, had a best interest hearing. TX supreme court said a mediaated agreement is binding.

2020 - in re CJC - presumptions but also talks about best interest.

• examples: child asked for - I don't want to change placements. I've been in 6 schools in 9 years and made football team. I want to play football. How do you fit that in best interest.
• sisters, placed together, one dying of cancer. Enchamber conference: I want to change placements. My foster mom has a blog, and I just want to be a 5th grader, not having the school and everyone know how morning went. Best interests. Drop the blog or we will move the kids.

Judges need to consider a lot of things beyond 9 factors.

Brown - Tx public policy foundation.

• 153.002 - shall always be primary consideration…
• TX code provides little guidance.
• TX is an outlier among states.
• 22 states have specific factors. TX has case law.
• 3 states CT, DE, ID have factors that courts may not consider.
• Sup Ct of Texas cautioned that Holey factors were not exhaustive.
• both US and TX constitutions recognize that P/C-R is important and protected.
• Courts are required to presume that parents are fit and that children
• Court must apply presumption that the parent is the deciding
• Any statute definition must start with the presumption that the parent has the best interest of the child in mind.
• over interim, working towards agreement on language. Onging.
  • Any bill passed, rebuttable presumption that parent is fit and acts in the best interest of child
    • natural parents preferred
    • unless overcome by evidence.
  • laws applied predictability and uniformity

Dutton: if we legislate this, will it help the situation.

• Brown: I would support Holey factors. Need to apply even more basic fundamental basis.
  • judges need the guidance.
• Judge: best interest is talked about all over the place. Different context: custody, child support,
  • I am not sure you can legislate better decision making. Consistency would be better, but not sure it can be legislated.

Dutton: best interest of child is a standard that can change depending on the situation.

• Judge: general definition of best interest may not help judge. So many issues that come before us.
  • shin guards and soccer.
  • children have unique interests.

Wu: existing law that is on the books, over decades, 10'000's of cases, evolved…everyone knows kind of what it means, so Holey could overturn the apple court, cause more problems.

• Judge: I don't know it would make the judges better

-Wu: the legislature telling judges you must consider, vs what not to, Are those things same or different?

• Judge very different. for instance religion, or money factors.
• tender years doctrine has been done away by case law.

Dutton: should inner city Houston be treated the same as Canadian(?) Texas? Should the legislature … ? Recognize it is difficult, not sure how to proceed. Same standard in child support vs access to the child? Not sure Holey factors make a distinction.

• Brown: rep Cooks bill last session great thing was: didn't get into details. It expressed foundational principles. That is the good thing about Rep Cook's bill. CJC is a prime example. Judge had a different opinion than the father and found a way to get around the law, costing that father a lot of money. that's why legislation is good over case law.

(I had to take a phone call.) 10:33AM

https://house.texas.gov/videos/20715

• poor judgement
  • biased and unfair
  • unlawful, actively violating
  • unaccountable → systemic corruption, to glutonous decadence
• breach in the hull that has sunk society.
  • destroyed family and marriage
  • destroyed public trust in the judiciary
    • just the tip of the iceberg,
      • realization has not saturated the public
        • wrath is coming
  • you, judges and judicial caste, have proven unworthy wielding discretion.
• there is must be no 'privacy' in court for judges to hide misdeeds.

what are words describing sneakiness and wrongful deeds done for monetary gain? In particular, I am trying to describe judges who's acts do not follow court procedures and corrupt the execution of the law.

ChatGPT said: ChatGPT Here are some words and phrases that capture the idea of sneakiness, corruption, and wrongful deeds for monetary gain, particularly in the context of judicial misconduct:

• Underhanded – secretive or dishonest, especially to achieve personal gain.
• Corrupt – acting dishonestly in return for money or personal advantage.
• Deceitful – deliberately misleading or lying.
• Unethical – not conforming to approved standards of behavior, often involving dishonesty or greed.
• Malfeasance – the performance of an act that is legally unjustified or harmful, particularly by a public official.
• Graft – using one’s position of authority for personal profit, typically in a corrupt manner.
• Collusion – secret cooperation between parties to deceive others for a wrongful or illegal purpose.
• Fraudulent – involving deception for unlawful gain.
• Manipulative – controlling or influencing others in a deceptive or unethical way.
• Subversive – seeking to undermine the legal or procedural system covertly.
• Self-serving – putting one's own interests ahead of fairness or justice.
• Exploitive – taking unfair advantage of others, often for financial benefit.
• Cronyism – favoritism shown to friends and associates, especially in appointments to positions of authority, in return for benefits.
• Obstructionist – deliberately hindering the proper functioning of justice or the legal process.

Would these terms help convey the concept you're looking for in the context of judicial misconduct?

• sterile cockpit: the judicial cockpit should be clear of distractions, fuzzy dice, and personal biases.
• outright judicial fraud - altering transcripts.
• holding the judiciary accountable
  • suicide of a party should cause an automatic mandatory independent review.
• 94% of Non-CP parents are XY. That is on you, the judiciary.
• Perpetuation of Amendment 13 violations.
• Judges are doing permenant unrecoverable damage to constituent cases with no accountability, hiding behind the mantras around SCJC can't fix case damage, that the only route allowed for the litigant is the court of appeals, with the judges themselves are screwing the litigant out of means to appeal.
• it is, like we saw in Tarrant county, corruption, to a level of decadence. You should hold a talant show, celebrate your achievement, and please, do put it on youtube.
• The desparity of sentencing between XX and XY, is on the judiciary.

• List out issues needing address
  • perverting the components of a case to sabotage the litigant's rightful appeal process.
  • inherent biases
    • XX/XY sentencing
    • XX/XY custody
  • Oversite is clearly needed
    • instead of a sterile cockpit,
    • outright judicial fraud perpetrated by judges.
    • personal biases
      • even worse, teaching those personal biases in CLE bar classes.
  • Case load
    • you are not keeping up,
    • status quo is insufficient, so you will need help from other branches.
• Call out courts requiring oversite
  • Tarrant county
  • Harris county
  • Cheryl Terry
  • Linda Dunson

Solutions

• All proceedings to be recorded
  • Executive branch duty.
  • legislation is proposed
• Additional Review - in addition to court of appeals
  • some CAN be done with structure you have now
    • some legislation to codify and give more teeth.
• Encourage!
  • There are courts being run well! It can be done!
    • There are examples!
  • You do have good judges, who work very hard, even stuck between an a pro-se and a
  • It is worth doing!
    • These will be the courts your sons and grand-sons lose their fortune and children in next year.

Name: Charles Steven Suehs

Good morning, honorable unpaid volunteers! Thank you for your service overseeing a judiciary ripe with opportunities for improvement!

This morning, I'm going to call out some issues that you, the judiciary, need to address.

• I will call out a few districts and courts,
• I will offer some directions to work towards for solutions and improvement.
• I will end by offering hope and encouragement, and thanks.

Issues to address

• Instead of judges keeping a sterile cockpit,
  • judges applying prejudices,
    • 94% of Non-CP parents have XY chromosomes.
      • Perpetuation of Amendment 13 violations
    • worse, judges teaching the systemization of those prejudices in CLE classes.
      • I offer this video as an exhibit.
  • judges wilfully purposefully sabotaging the components of a case, even those parts that contribute to the appeal process, there by perverting the appeals process and the one process that is to hold that judge accountable.
  • judges hiding their miscarriages of justice by prohibiting recording IS THE PRIMARY HAVEN OF JUDICIAL PERVERSION and VILLAINY.

Problem Hot Spots

• Tarrant County - This is home to a culture of exploitive family law practice so decadent in its predation on litigants and families the local family law bar held a talent show, and recorded it!
  • This became great service to the public good.
  • I am hearing, the judiciary also needs to clean up its cockpit, and practices, and should record all proceedings and make those recordings available to litigants.
  • Cheryl Terry may need some scrutiny.
• Harris County - not far behind, also needs to record all proceedings, and clean up - well, I'm not sure what we can do about judges with poor judgement, but maybe not let them contribute to CLE classes.
  • Linda Dunson may need some scrutiny.

SOLUTIONS! Things we can do!

1. RECORD ALL PROCEEDings. Legislation is coming for this.
   • YOU, this panel, WANT THIS.
2. Work as a judiciary to address gender bias.
   • Bring everybody in. (maybe not everybody)
     • address the system-wide gender biases, adjust handbooks and sentencing guidelines
3. Implement additional mechanisms for review.
4. Guide your judges adapting to having their proceedings recorded.
5. Find a way to increase your throughput.
   • it is possible you can divert some; though I suspect only 20%.
   • Let's talk about what you need from the other branches.

ENCOURAGE!

• Take heart!
  • There are courts being run well! It can be done!
    • There are examples!
  • You do have good judges, who work very hard, even stuck between an a pro-se software nerd and a chalkboard-screeching mailmerge hack.
  • Improving the culture, sanctity of the courts and their delivery of justice is worth doing!
    • These will be the courts your sons and grand-sons lose their fortune and children in next year.
  • I get that you are volunteers. You have my thanks.

allows electronic signing of waiver of citation.

adds a box for either application to check "Yes, keep .. identifying info .. confidetial."

"If either applicant named on this form is or has been a victim of family violence, dating violence, sexual assault, stalking, or human trafficking and would like the identifying information on this form to be kept confidential, check the following box.";

The court which heard the divorce retains jurisdiction on further suits to divide property.

the court may not find a respondent in contempt for failure to pay child support if appears in court and presents evidence showing that:

• accrued in prison, (other than offense of family violence)
• obligor did not have sufficient resources to comply during confinement.

Summary

• requires petitioner to submit a birth cert if available.
• lets the Title IV-D agency off the hook for documenting paternity.

The first part is ok, but the 2nd part is not. The Title IV-D agency is already abusive and should be further confined to good behavior, not given more freedom to abuse.

deals in complex description of standing. Language changes impact grandparents, non-parent possessors, termination of rights.

I wonder what the backstory is.

• Adds a requirement upon the court (Section 1, s63.002 Family code)

a separate section of its order to enumerate the facts and cirumstances that serve as the basis for the court's findings.

• Adds Section 2 Section 263.306 FC adding (a-2) requiring a separate section of its order with written findings, specific findings of facts and circumstances that are the basis for the court's determination that th echild's parents are unwilling or unable to provide the child with a safe environment.

in both of these, the proposed change clarifies that the court merely citing the record of the proceedings or incorporating it by reference is insufficient.

IMO, this is good because it makes the judge call out the basis and avoids hiding it from the appeals process. It does make the judge do more work, but it is work they should have been doing.

I would caution courts to not delegate this to one of the parties writing the order.

• references definitions for Developmental disability and Intellectual disability
• allows a department in 107.1111 to hold records. Might be a typo in (c).
• must make available to an attorney for a party or a party.
• must redact SSN
• prohibits court from admitting if the custody evaluator not qualified for developmental disability or intellectual disability.

• tweaks language of 154.001(a-1) that referrs to 161.001(b)(1)(S)(iv) or (b)(1)(T).

• Removes (O) "failed to comply with the provisions of a court order..actions..for return of child…"

  Why remove this option?

  Dutton.

Let's medical professionals off the hook from mandatory reporting of use of controlled substance if that voluntary disclosure by patient was while the patient was in a treatment program. Protects from CPS. I am leaving out a lot with this summary.

Constrains 81.001 to 2-year period preceding filing.

I don't have a problem with this. I wonder how it could be abused.

• [ ] Freedmen's Bureau Acts
• [ ] The Thirteenth Amendment in Family Law: The "Involuntary Servitude" of Support Obligations
• [ ] Child Support Slavery
• [ ] Moss vs SC 1988
• [ ] US vs Ballek
• [ ] validate ./thirteenth/tale.html
• [ ] https://www.congress.gov/105/plaws/publ187/PLAW-105publ187.pdf No safeties. Wow.
• [ ] parens patriae
• [ ] birth certificate vs certificate of birth