Texas Family Law Legislative Update 2025: New Custody Protections Every Parent Should Know

The 2025 Texas legislative session brought some of the biggest family law changes in recent years. These updates focus heavily on strengthening parental rights, adding safeguards in custody cases, and improving protections for children and families. Here are some of the most important changes and what they could mean for your case.

New Protections in Parent vs. Nonparent Custody Cases (SB 2052)

This is one of the biggest shifts in Texas custody law. Parents now have stronger protections in custody disputes against nonparents.

• § 102.0031 – Required Affidavit for Standing (NEW): Nonparents must now file a sworn affidavit at the very beginning of their case, showing specific facts that prove denying them custody would “significantly impair” the child’s health or development. Without this affidavit, courts are required to dismiss the case.

• § 153.002 – Best Interest Rebuttable Presumption (AMENDED): The law now explicitly presumes that parents act in their child’s best interest and that being with a parent is in the child’s best interest. Nonparents must prove otherwise with clear and convincing evidence—a much higher standard. Judges must also make detailed factual findings if they decide in favor of a nonparent.

• § 156.008 – Modification Requirements (NEW): For modification cases, nonparents must still meet this high evidentiary standard and cannot rely on previous agreements to get around the presumption favoring parents.

Why this matters: Together, these changes raise the bar significantly for nonparents, making it much harder to override parental custody rights. This reflects Texas’ strong legislative stance on preserving the fundamental rights of fit parents.

School Choice Authority (HB 2495)

Parents now have explicit authority to choose and enroll their child in school, subject to eligibility. This also applies to managing conservators and nonparent conservators.

What this means: School enrollment disputes between parents may become more straightforward, with clearer authority written into the law.

Ending Harmful “Reunification Therapy” Practices (SB 500 & HB 3783)

Texas now bans certain controversial counseling practices sometimes ordered in custody disputes. Courts can no longer order:

• Children to be isolated from family, school, or community

• Out-of-state or overnight stays as part of therapy

• Transportation or confinement of children using threats, coercion, or force

What this means: These changes directly address concerns about abusive “reunification boot camps” and prioritize child safety in custody-related counseling.

Stronger Enforcement of Custody Orders (HB 3181)

Parents who repeatedly deny access to the other parent now face tougher consequences:

• Multiple contempt findings for denial can be used to modify custody orders.

• Repeat violators cannot be given community supervision.

• Missed time must be made up at double the duration in future access periods.

What this means: There are now stronger remedies for parents who consistently block court-ordered visitation.

Final Thoughts

These legislative updates reflect a strong shift toward protecting parental rights and children’s safety in Texas family law. While some of these laws simply codify practices that courts were already using, others create brand-new protections that can immediately affect ongoing cases.

At Sims & Purzer, we make it our mission to stay on top of these legal developments so you don’t have to. If you’re in the middle of a custody or family law matter and want to know how these new laws might apply to you, reach out to us today. We’re here to guide you through the changes and protect what matters most—your family.