Texas Family Law Legislative Update 2025: What Families Need to Know

The Texas Legislature’s 2025 session brought some big changes to the Texas Family Code—many of which directly affect families going through divorce, custody, adoption, or child support cases. While some of these updates simply codify what judges have already been practicing, others create entirely new rules. Here’s a breakdown of some of the most important changes, the bills behind them, and how they might impact families moving forward.

1. More Privacy in Informal Marriages (HB 1193)

For couples filing a Declaration of Informal Marriage (“common law marriage”), there’s now a new option to keep certain identifying information private. If you check the new privacy box on the form, your personal details (like addresses) won’t be publicly available. This doesn’t change the process itself—it just adds an extra layer of privacy protection.

2. Stronger Limits on CPS Removals (HB 1106 & SB 1151)

New laws now restrict when the Department of Family and Protective Services (DFPS) can remove children from their parents. CPS can no longer use reasons like homeschooling, financial hardship, vaccine refusals, or seeking a second medical opinion as grounds for removal. These protections strengthen parental rights and help ensure children aren’t taken from safe homes unnecessarily.

3. Custody Evaluations: Added Training for Disability Cases (HB 2340)

Starting January 1, 2026, custody evaluators must have at least three hours of training specific to children with intellectual or developmental disabilities. Courts also can’t rely on an evaluator’s report if the evaluator lacked this training in disability-related cases. This ensures that children with special needs are considered by professionals who understand their circumstances.

4. Protective Orders Get Extended Timelines (SB 1120)

Protective orders, which are often issued in divorce or parent-child cases involving family violence, now last longer. In divorce cases, orders will extend until two years after the final divorce decree is signed. In parent-child cases, they extend until two years after the final custody order. This gives survivors of family violence more time and stability without having to immediately return to court.

5. Expanded Rights for Relatives in Custody Cases (HB 2350)

Family members now have broader rights to step in when children need care. Relatives up to the fourth degree (such as great-aunts or second cousins) may now file custody cases if parents are deceased. This expands the safety net for children by allowing more family members to legally step in if necessary.

6. A New Amicus Attorney System (SB 2530)

Texas completely revamped the rules for amicus attorneys—lawyers appointed by the court to help determine what’s in a child’s best interests during custody cases. The new system adds stricter training requirements, clearer duties, and stronger conflict-of-interest protections. This ensures that amicus attorneys provide truly impartial guidance to the court when custody decisions are on the line.

7. Child Support After Termination of Parental Rights (HB 116)

A major update now requires certain parents whose rights are terminated (for example, cases involving children conceived by sexual assault) to continue paying child support. This ensures that children still receive financial support even when parental rights have ended.

Why This Matters for Families

These updates show Texas’ ongoing effort to balance parental rights, child safety, and fairness in family law cases. Some of these changes—like expanded protective orders or limits on CPS removals—offer more security for families. Others, like the new amicus attorney rules, ensure judges get clearer, unbiased guidance when making tough custody decisions.

The bottom line: Family law in Texas is always evolving. If you’re dealing with custody, adoption, divorce, or support issues, knowing how these changes affect your case is crucial.

At Sims & Purzer, we stay on top of legislative updates so you don’t have to. Contact us today to learn how these new laws may impact your situation—and how we can help you protect your family’s future.