Senate committee hears testimony on bill to codify parental-presumption standard in custody disputes

Senate Bill 2052, filed by Sen. Brian Birdwell, would add a statutory presumption that a parent acts in the best interest of a child and require a nonparent to provide clear and convincing evidence of parental unfitness before seeking conservatorship. The Senate Committee on Jurisprudence heard invited and public testimony on the measure but left the bill pending.

Supporters told the committee the measure would give trial courts a consistent starting point for “best interest” determinations, a standard they said is currently unevenly applied across counties. Senator Brian Birdwell, the bill’s author, said the bill would “codify the Texas Supreme Court’s unanimous holding in the Relator case” and protect the “fundamental right to make…