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Senate committee advances bill letting parents petition custody regardless of when original order was entered
Summary
The Senate Health and Human Services Committee favorably recommended HB105, which would let parents file petitions to modify custody or guardianship “regardless of when” a prior permanent‑custody order was entered, potentially allowing petitions tied to orders from many years earlier; the committee voted unanimously to advance the bill.
Representative Sheyb Watkins told the Senate Health and Human Services Committee that HB105 is a targeted change to family‑law procedure intended to let parents who have reformed their lives ask a court for custody or guardianship despite the age of an earlier order. "A parent may file a petition in court ... regardless of when the order granting permanent custody and guardianship to the child's other parent was entered," she said, pointing to the bill text’s use of the word "regardless." Representative Watkins emphasized that the bill does not alter existing statutory prerequisites for relief and that any change remains subject to court approval.
The bill sponsor said the change responds to a constituent attorney who sought to use last year’s law but was told the statute did not apply retroactively. Senator Escamilla moved that the committee favorably recommend the substitute to the Senate floor, praising the sponsor's child‑welfare work; the motion passed unanimously.
Supporters framed HB105 as a narrow procedural fix that allows parents who have demonstrated sustained rehabilitation to ask a judge for custody time without a temporal cutoff. The committee recorded no public opposition at the hearing. The bill will move to the Senate floor for further consideration.
Action taken: The committee voted to favorably recommend HB105 to the Senate floor. No further procedural steps were recorded in committee.
