Breaking Down New Legislation on Family Law: Major Changes Taking Effect in Texas
marked a significant milestone for Texas families as over 800 new laws took effect across the state, including several groundbreaking changes to family law that will reshape how courts handle custody disputes, protective orders, and child support cases.
The Big Picture: Why These Changes Matter
For families navigating divorce, custody battles, or seeking protection from domestic violence, these aren't just legislative updates—they're game-changing reforms that could directly impact the outcome of your case. If you've filed or are planning to file any family law case after September 1, 2025, these new rules will govern your proceedings.
Major Legislative Changes
Senate Bill 1559: Streamlined Protection for Domestic Violence Victims
One of the most significant changes comes through Senate Bill 1559, which fundamentally alters how protective orders are handled in family law cases. Previously, if someone needed a protective order due to domestic violence, that request would be processed in a separate court from their divorce or custody case.
What's Changed: Protective orders involving family violence must now be consolidated into any pending divorce or child custody case between the same parties.
Why This Matters: This integration means judges handling divorce and custody cases now have complete access to details about abuse or threats, leading to more informed decisions about parenting arrangements. For families experiencing domestic violence, this streamlined approach provides stronger legal protection and helps ensure that safety concerns are front and center when custody decisions are made.
Senate Bill 1936: More Time for Noncustodial Parents
Senate Bill 1936 represents a significant shift toward more balanced parenting time by expanding possession schedules for noncustodial parents.
What's Changed: The standard possession schedule now allows for extended weekend and weekday visits, plus additional holiday time for noncustodial parents who meet certain criteria, including living within reasonable distance and demonstrating schedule stability.
Impact for Families: This means noncustodial parents may qualify for substantially more time with their children without lengthy court battles, supporting stronger parent-child relationships and more equitable parenting arrangements.
Senate Bill 1398: Enhanced Focus on Family Preservation
When the Department of Family and Protective Services (DFPS) becomes involved in custody cases, Senate Bill 1398 introduces new procedures designed to keep families together whenever safely possible.
Key Changes: The law requires stronger state efforts to place children with relatives or within their local community rather than with strangers in distant locations. Courts must now focus more intensively on documented reunification efforts.
For Parents: If you're dealing with DFPS involvement, this legislation may provide new pathways for reunification or kinship placement, emphasizing the importance of family preservation when safe and appropriate.
Child Support: Significant Financial Updates
Perhaps one of the most immediately impactful changes involves updated child support guidelines that better reflect today's economic realities.
Higher Income Caps Mean Fairer Support
Beginning September 1, 2025, the cap on monthly net resources used to calculate guideline child support under Texas Family Code § 154.125 will rise from $9,200 to $11,700. This substantial increase accounts for inflation and the rising costs of raising children in Texas, including housing, childcare, and education expenses.
What This Means for Parents
For Parents Seeking Support: You may now be able to request support amounts that more accurately reflect your child's actual financial needs, particularly if the other parent earns above the previous cap.
For Parents Paying Support: If you're already under a child support order, these new guidelines might provide grounds for requesting a modification, especially if financial circumstances have changed significantly since your original order.
Updated Calculations: The new formulas provide clearer direction for calculating support, leading to more consistent and predictable outcomes across different cases.
Enhanced Penalties: Stronger Enforcement Measures
While specific details about penalties for withholding children weren't explicitly detailed in the legislation reviewed, HB 2073 increases criminal penalties for violations of protective orders or bond conditions in family violence, child abuse, sexual assault, stalking, or trafficking cases. This suggests a broader trend toward stricter enforcement of family law orders designed to protect children and vulnerable family members.
Implementation Timeline and What You Need to Know
All these changes took effect on September 1, 2025, meaning:
New Cases: Any family law case filed on or after September 1 will automatically be governed by these updated rules.
Pending Cases: Existing cases that remain unresolved may be affected, particularly if there's a request to modify an existing order or if judges determine the updated laws offer more appropriate standards.
Modification Opportunities: Parents with existing orders may have new grounds to request modifications, especially regarding child support calculations.
Looking Forward: Practical Steps for Families
If You're Filing a New Case
These changes could significantly impact your case's outcome. The integration of protective orders with custody cases, expanded parenting time opportunities, and updated support calculations all create new strategic considerations.
If You Have an Existing Order
Consider whether these changes might warrant requesting a modification, particularly regarding:
Child support amounts under the new income caps
Parenting time under the expanded possession schedules
Safety protections under the new protective order integration rules
If You're Experiencing Domestic Violence
The new integrated approach to protective orders means you'll have stronger protections and more comprehensive court oversight of your situation.
The Bottom Line
These legislative changes represent Texas's commitment to creating a family law system that better serves children's interests while protecting vulnerable family members. The emphasis on family preservation, expanded parenting time, realistic financial support, and integrated protection measures signals a more holistic approach to family law.
For families currently navigating the legal system or considering filing a case, understanding these changes is crucial. The legal landscape has shifted, and strategies that worked under the old system may need adjustment under these new rules.
If you're facing a family law matter, consider consulting with an experienced family law attorney who understands how these new laws apply to your specific situation. The changes are significant, and having knowledgeable guidance can make the difference in achieving the best possible outcome for your family.