Bill Text: TX HB435 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to suits affecting the parent-child relationship that involve an alleged father who has not registered with the paternity registry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-14 - Left pending in committee [HB435 Detail]

Download: Texas-2011-HB435-Introduced.html
  82R2189 EES-F
 
  By: Parker H.B. No. 435
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to suits affecting the parent-child relationship that
  involve an alleged father who has not registered with the paternity
  registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 102.008(b), Family Code, is amended to
  read as follows:
         (b)  The petition must include:
               (1)  a statement that the court in which the petition is
  filed has continuing, exclusive jurisdiction or that no court has
  continuing jurisdiction of the suit;
               (2)  the name and date of birth of the child, except
  that if adoption of a child is requested, the name of the child may
  be omitted;
               (3)  the full name of the petitioner and the
  petitioner's relationship to the child or the fact that no
  relationship exists;
               (4)  the names of the parents, except in a suit in which
  adoption is requested;
               (5)  the name of the managing conservator, if any, or
  the child's custodian, if any, appointed by order of a court of
  another state or country;
               (6)  the names of the guardians of the person and estate
  of the child, if any;
               (7)  the names of possessory conservators or other
  persons, if any, having possession of or access to the child under
  an order of the court;
               (8)  except as provided by Sections 161.002(b)(2) and
  (3) in a proceeding in which adoption or termination of parental
  rights is requested, the name of an alleged father of the child or a
  statement that the identity of the father of the child is unknown;
               (9)  a full description and statement of value of all
  property owned or possessed by the child;
               (10)  a statement describing what action the court is
  requested to take concerning the child and the statutory grounds on
  which the request is made; and
               (11)  any other information required by this title.
         SECTION 2.  Section 107.013(a), Family Code, is amended to
  read as follows:
         (a)  In a suit filed by a governmental entity in which
  termination of the parent-child relationship is requested, the
  court shall appoint an attorney ad litem to represent the interests
  of:
               (1)  an indigent parent of the child who responds in
  opposition to the termination;
               (2)  a parent served by citation by publication; and
               (3)  [an alleged father who failed to register with the
  registry under Chapter 160 and whose identity or location is
  unknown; and
               [(4)]  an alleged father who registered with the
  paternity registry under Chapter 160, but the petitioner's attempt
  to personally serve citation at the address provided to the
  registry and at any other address for the alleged father known by
  the petitioner has been unsuccessful.
         SECTION 3.  Sections 102.008(b) and 107.013(a), Family Code,
  as amended by this Act, apply to a suit affecting the parent-child
  relationship filed on or after the effective date of this Act. A
  suit affecting the parent-child relationship filed before the
  effective date of this Act is governed by the law in effect on the
  date the suit was filed, and the former law is continued in effect
  for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.
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