home : Legislative Session 2009: HB 2084 Talking Points

Talking Points in Favor of

House Bill 2084

OVERVIEW of House Bill 2084

All fifty states have had some type of statutory scheme that allows grandparents to sue families for court-ordered access or possession of children, even when the parents – who are perfectly fit – object. Grandparent visitation disputes involve litigation that can sometimes have no end.

These are not lawsuits for custody or to terminate parental rights. Grandparent visitation lawsuits are attempts to invade a family, usually in circumstances where grandparents refuse to abide a parent’s wishes regarding the upbringing of the parent’s children.

In June of 2000, the U.S. Supreme Court ruled in a case involving a grandparent visitation dispute. Since that time, Texas courts have seen a large number of this type of cases. Just like King Solomon, wise judges recognize that the grief of one parent cannot be assuaged by permitting the grieving parent to intrude upon another parent’s family – neither

            are the needs of children best served by such.

Talking Points

·       HB 2084 requires an actual finding of parental unfitness by a Texas court before the State may intrude into the parent-child relationship

·       HB 2084 provides a court the proper discretion to determine a child’s best interest by amending the command language of “shall” to the permissive language of “may”. “The court shall, may order reasonable access to a grandchild …”

·       HB 2084 removes the unconstitutional provision allowing for actual “possession” of a child by a grandparent.

·       HB 2084 raises the standard of evidence from “preponderance of the evidence” to the constitutionally required “clear and convincing.” “Because a fundamental right is implicated here, we apply strict scrutiny – assuring that the appropriate standard for reviewing the infringement of fundamental rights, such as parental right to direct child's upbringing, is not revoked or infringed upon. The Due Process Clause does not permit a State to infringe on the fundamental right of parents to make child-rearing decisions simply because a state judge believes a ‘better’ decision could be made.”

·       HB 2084 requires courts to give “special weight” to a parent’s decision regarding a grandparent’s access to a child.

·       HB 2084 provides protections against long-term financial damage to families who are unconstitutionally sued by a grandparent.