Texas SB2052 amends the Family Code to establish a rebuttable presumption favoring a parent's care in suits between parents and nonparents.

Texas SB2052 amends the Family Code to establish a rebuttable presumption that a parent acts in the best interest of the child and that it is in the child's best interest to be in the care, custody, and control of a parent. This presumption applies in suits between parents and nonparents. A nonparent may overcome this presumption by proving by clear and convincing evidence that denial of the requested relief would significantly impair the child's physical health or emotional development. The changes apply to suits pending or filed after the Act's effective date of September 1, 2025.

Texas SB2052 amends the Family Code to establish a rebuttable presumption favoring a parent's care in suits between parents and nonparents.

Texas SB2052 amends the Family Code to establish a rebuttable presumption that a parent acts in the best interest of the child and that it is in the child's best interest to be in the care, custody, and control of a parent. This presumption applies in suits between parents and nonparents. A nonparent may overcome this presumption by proving by clear and convincing evidence that denial of the requested relief would significantly impair the child's physical health or emotional development. The changes apply to suits pending or filed after the Act's effective date of September 1, 2025.