Updates to the Texas Family Code 2025

Brian Walters introduces the podcast, joined by Jaylen Jackson, to discuss the new family law changes imposed by the legislature that go into effect on September 1st, 2025. Jaylen shares some personal details, including being the oldest of six siblings and a dog mom, before delving into the legal topics.

Jaylen explains the significant change to child support guidelines: the cap for monthly income considered for child support has increased from $9,200 to $11,700. This means higher maximum child support payments based on the number of children. The new cap affects new cases, pending cases, and modifications finalized after September 1st, 2025.

The discussion shifts to updates in enforcing possession and access orders, particularly for repeat offenders. If a parent is found to have violated possession/access orders three times, the court is now required to grant makeup time to the denied parent. For repeat offenders, the makeup time mandated is double the amount of time denied, signaling a stricter stance against non-compliance.

Jaylen outlines the more complicated process for grandparents and relatives to intervene in custody or visitation cases. To intervene, they must provide satisfactory proof that parental appointment would significantly impair the child's physical or emotional development. A new requirement includes attaching an affidavit with personally known facts to their petition to intervene, making intervention much more difficult.

The final topic covers changes to protective orders. The legislature has clarified that if a protective order is granted while a divorce, SAPCR (Suit Affecting Parent-Child Relationship), or criminal case is pending, the expiration clock for the protective order begins only after the final decree or order in those accompanying cases is signed. Additionally, protective order cases can now be transferred to the court handling a related divorce or SAPCR, provided it doesn't negatively impact the protected person, aiming to prevent forum shopping and conflicting orders.