House Bill 2547 and Senate Bill 1194: Relating to a Suit for Possession of or Access to a Child by a Grandparent

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Last Updated: May 7, 2013

House

Senate

Sponsors:

Representatives Burkett, Phillips, Perry

Sponsors:

Senator Campbell

Summary:

House Bill 2547 proposes to change the family code by making it harder for grandparents to sue for possession of or access to their grandchildren against the wishes of the parents. HB 2547 establishes a standard of "clear and convincing evidence" rather than the current "preponderance of the evidence" before a judge can force visitation, and it also establishes more due process protections for parents when a grandparent sues.

Summary:

Senate Bill 1194 proposes to change the family code by making it harder for grandparents to sue for possession of or access to their grandchildren against the wishes of the parents. SB 1194 establishes a standard of "clear and convincing evidence" rather than the current "preponderance of the evidence" before a judge can force visitation, and it also establishes more due process protections for parents when a grandparent sues.

Status:

03/06/2013     House     Introduced.
03/14/2013     House     Referred to Judiciary and Civil Jurisprudence.
04/11/2013     House     Scheduled for public hearing on April 15, 2013.
04/15/2013     House     Considered in public hearing; Testimony taken; Left pending in committee.
04/15/2013     House     Considered in formal meeting; Reported favorably without amendments.
05/09/2013     House     Placed on General State Calendar.
Bill died in House.

Status:

03/06/2013     Senate     Introduced.
03/12/2013     Senate     Referred to Jurisprudence.
04/19/2013     Senate     Scheduled for public hearing on April 23, 2013.
04/23/2013     Senate     Considered in public hearing; Testimony taken in committee; Left pending in committee.
Bill died in Senate.

HSLDA's Position:

Support.

HSLDA believes that it is the right of parents to make decisions regarding child-rearing. In some circumstances, we have defended families when a hostile grandparent has sued to gain custody or visitation over the parents' objections. We believe that this bill better protects parents' rights in visitation disputes.

HSLDA's Position:

Support.

Action Requested:

None at this time

Please call your Texas House representative and urge him or her to vote for HB 2547. Your message can be as simple as “Please support House Bill 2547, which will add more protection to the right of parents to raise their children in the way they see fit, while still protecting a grandparent’s interests in visitation.”

Use our Legislative Toolbox to find contact information for your representative. Simply enter your ZIP code and select the link to your representative listed under “Texas State Government.”

Action Requested:

None at this time