In recent legislative sessions, Texas enacted changes to its child custody laws, impacting families across the state. The new laws expand the pool of relatives who can intervene in custody cases, providing more opportunities for family members to play a role in a child’s life. Changes include:
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School choice: Although previously a joint decision, Texas family courts will now choose one parent to have the right to make decisions regarding which schools the children attend.
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Three strikes: If a parent blocks visitation three times, the court can consider removing that parent as the custodial parent.
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Expanded standing for relatives: The law expands the degree of consanguinity, or blood relation, for relatives who can file child custody suits from the third to the fourth degree if the child’s parents are deceased. This includes grandparents, great-grandparents, aunts, uncles, and even first cousins.
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Intervention criteria: Relatives within the fourth degree of consanguinity can intervene in ongoing custody cases if they can prove that the current custody arrangement significantly impairs the child’s physical health or emotional development. Additionally, individuals with substantial past contact with the child may request intervention, provided they have had exclusive possession for 12 months and both parents’ consent.
These changes reflect a broader recognition of the role extended family can play in a child’s life, offering more avenues for intervention when necessary.
Implications for families
Proponents of the changes note that they allow for more family members to participate in custody cases, potentially leading to more comprehensive support networks for children. However, with more parties eligible to intervene, custody cases may become more complex, requiring careful navigation of legal procedures. Working through these new laws can be challenging without professional guidance. Working with a law firm with experience in this area of law can help you to manage these changes and protect your family’s interests.
The recent changes to Texas child custody laws present both opportunities and challenges for families. By staying informed and seeking professional legal assistance, you can navigate these changes with confidence and better ensure the best possible outcomes for your family.
