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Bill

HB 5628

Relating to the best interest of the child in a suit affecting the parent-child relationship.

89th Legislature (2025) Introduced by Josey Garcia

HB 5628 modifies Texas child custody law standards, changing how courts evaluate "best interest of the child" in parental rights disputes.

Left pending in subcommittee
#family--childprotection(i0351) #family--parent&child(i0355)
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Bill Summary · HB 5628

Legislative bill overview

HB 5628 modifies how Texas courts determine "best interest of the child" in custody and parental rights cases. The bill adjusts the statutory factors and standards courts must consider when making decisions that affect parent-child relationships, potentially shifting how judges weigh certain considerations in family law disputes.

Why is this important

Child custody determinations directly affect millions of Texans, influencing where children live, parental access, and decision-making authority. Changes to the legal standard used by courts can significantly alter outcomes in contested custody cases and impact how family law attorneys advise clients navigating separation and divorce.

Potential points of contention

  • Specificity of new factors: Unclear whether the bill adds, removes, or reorders existing "best interest" criteria, which could favor certain family structures or parental situations over others
  • Judicial discretion vs. statutory guidance: Changes may either expand judicial flexibility or impose stricter requirements, affecting how consistently courts apply standards across cases
  • Implementation concerns: Courts and family law practitioners may face transition challenges if the bill significantly alters established precedent or requires new evidentiary standards

Compiled from official sources — confirm details with the bill’s official record.

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