Best Interest of the Child

The Best Interest of the Child Act

Amendment to the Texas Family Code

Section 1: Legislative Findings

1. Child's Development and Well-Being: The Texas Legislature finds that father involvement across a child’s development is linked to significant positive outcomes, including better psychological adjustment, fewer behavioral problems, higher educational attainment, and overall mental health. Therefore, it is in the best interest of the child to be raised by both parents.
2. Presumption of Parental Equality: In light of the documented benefits of father involvement, the court shall presume that a 50%/50% possessory time split and joint custodianship are in the best interest of the child. This presumption supports the child's overall development and well-being.
3. Title IV-D and Parental Rights: The Legislature finds that separating a child from a parent, particularly the father, for the purpose of triggering Title IV-D incentives is not in the child's best interest. Such actions undermine the principle of maximizing both parents' involvement in the child’s life, which is essential for the child’s mental and emotional health.

Section 2: Amendment to Custody and Possession Provisions

1. Texas Family Code § 153.001 (Best Interest of the Child):
   • (a) The best interest of the child shall be served by ensuring the child's access to both parents. The court shall presume that a 50%/50% possessory time split and joint custodianship are in the best interest of the child, unless otherwise rebutted by the criteria set forth in this section.
2. Texas Family Code § 153.002 (Public Policy):
   • (a) It is the public policy of this state to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. The court shall prioritize the child’s mental, emotional, and psychological health in determining custody arrangements.
   • (b) The court shall not approve a custody order that severs the parent-child relationship or reduces a child's time with a parent unless one or more of the following conditions are met:
     • (1) The parent has been found unfit or incapable of caring for the child, or has been determined to be a danger to the child. This determination must consider the critical role each parent plays in the child's mental and emotional health.
     • (2) The parent has submitted a sworn statement to the court requesting the conversion of their parental duties into a financial obligation, effectively opting out of custodianship.
     • (3) There is clear and irrefutable evidence that the parent has abandoned his or her parental duties, and such evidence is presented to the court. This must be supported by substantial proof given the importance of maintaining both parents' involvement in the child’s life.

Section 3: Title IV-D and Custody Orders

1. Texas Family Code § 154.001* (Support of Child):
   • (a) The court shall not make custody decisions that serve the purpose of triggering Title IV-D incentives at the expense of the child’s right to maintain a relationship with both parents. Custody decisions must prioritize the child’s best interest, particularly in light of the significant benefits of father involvement in the child’s life.