Bill Analysis in Favor of HB 2557


Relating to a suit for access or possession of a child by a grandparent

Section 1

  1. States that the grandparent filing the suit must present proof that denying the grandparents’ access to or possession of the child significantly impairs the physical health and well-being of the child.
  2. Protects families from financial ruin by requiring:

A. If a lawsuit is filed frivolously or designed to harass a party, the judge “shall” require the offending party to pay the other party’s attorney fees.

B. If a grandparent isn’t able to meet the evidentiary burden, the court “may” award the parent all costs, fees, and expenses incurred by the parent to defend the suit.

 

Section 2

  1. Amends the language to declare that the grandparents must provide “clear and convincing” evidence rather than a “preponderance” of evidence.
  2. The court will dismiss the case after 45 days if it cannot be proven that denial of access to the child “would significantly impair the child’s physical health or emotional well-being”.
  3. Within that 45-day period, the court cannot take any action such as: removing the child, granting access or possession, ordering psychological evaluations, rendering a temporary order, or any similar action unless the above conditions are met.

The above is a Bill Analysis of HB 2557 currently in the Texas House. Read why this bill was written and how you can help.

Children Matter


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