Key Changes in Texas Family Law for 2025

Family law in Texas continues to evolve, and 2025 has brought significant updates that affect how divorces, custody arrangements, and child support are handled. Whether you're going through a divorce, seeking custody modifications, or navigating child support obligations, understanding these changes is crucial for protecting your rights and your family's future.

This year's legislative updates focus on expanding parental rights, modernizing financial guidelines, and encouraging collaborative approaches to family disputes. Let's explore what these changes mean for Texas families and how they might impact your situation.

Expanded Possession Orders for Non-Custodial Parents

One of the most significant changes in 2025 is the passage of Senate Bill 1936, which fundamentally alters the standard possession schedule for non-custodial parents. This legislation recognizes the growing body of research showing that children benefit from meaningful relationships with both parents.

What SB1936 Changes

The new law expands the standard possession order to give non-custodial parents additional time with their children. Previously, the typical schedule allowed for every other weekend plus one evening per week. The updated framework includes:

• Extended summer possession periods

• Additional holiday time

• More flexibility for make-up visits when scheduled time is missed

• Consideration for longer continuous periods during school breaks

Impact on Existing Custody Agreements

If you currently have a custody arrangement that follows the old standard possession order, you may be entitled to request a modification. Courts will consider these requests favorably when the expanded schedule serves the child's best interests.

However, modifications aren't automatic. You'll need to demonstrate that the additional time benefits your child's wellbeing and that you can provide a stable, nurturing environment during the extended periods.

Practical Considerations for Parents

The expanded schedule requires better communication and coordination between co-parents. Consider these factors:

• Transportation logistics: Who will handle drop-offs and pick-ups for the extended periods?

• School and activity scheduling: How will you coordinate around your child's commitments?

• Financial implications: Extended time may affect child support calculations or require adjustments to expense sharing

Updates to Child Support Guidelines

Texas has updated its child support guidelines to reflect current economic realities. These changes affect how support amounts are calculated and when modifications may be appropriate.

Key Changes to Calculation Methods

The updated guidelines consider several new factors:

• Cost of living adjustments: Regional variations in housing, healthcare, and childcare costs

• Healthcare premium changes: Rising insurance costs are now weighted more heavily

• Childcare expenses: Updated formulas for calculating shared childcare costs

• Educational expenses: New provisions for school-related costs and extracurricular activities

Income Considerations

The guidelines now provide clearer direction on calculating income for:

• Self-employed individuals with variable income

• Parents with multiple income sources

• Situations involving bonuses, overtime, and commission-based pay

• Unemployment or underemployment scenarios

Tips for Reviewing Your Child Support Obligations

Given these updates, now is an excellent time to review your current arrangement:

1. Calculate your new obligation: Use the updated guidelines to determine if your current payment aligns with the new standards

   
   

2. Document income changes: Gather recent pay stubs, tax returns, and other financial documents

   
   

3. Consider cost increases: Factor in rising costs for healthcare, childcare, and education

   
   

4. Review modification criteria: Understand when changes justify a formal modification request

When to Seek Modifications

You may request a child support modification if:

• Your income has changed significantly (typically 20% or more)

• Your child's needs have substantially increased

• The current order differs from the updated guidelines by 20% or $100 per month

• Circumstances have changed since the original order

Revisions to the Reimbursement Statute in Divorce Cases

The Texas Family Code's reimbursement statute has undergone significant amendments that change how spouses can seek repayment for contributions to marital property. These revisions affect property division and could impact your financial settlement.

Understanding the Reimbursement Statute

The reimbursement statute allows spouses to recover contributions made to enhance or maintain marital property using their separate funds. Common examples include:

• Using inheritance money for home improvements

• Paying mortgage payments on the family home with separate property funds

• Investing separate assets into jointly-owned businesses

• Making improvements to real estate using individual resources

Key Changes for 2025

The updated statute includes several important modifications:

Expanded Documentation Requirements: Claims now require more detailed proof of contributions, including:

• Bank records showing fund transfers

• Receipts and invoices for improvements or payments

• Professional appraisals demonstrating value enhancement

• Clear timeline documentation of when contributions occurred

Modified Calculation Methods: The new formula considers:

• Market appreciation during the contribution period

• The overall financial benefit to the marital estate

• Interest calculations based on current market rates

• Proportional benefits when multiple parties contributed

Stricter Time Limitations: The revised statute imposes tighter deadlines for claiming reimbursement, making prompt action more critical than ever.

Impact on Property Division

These changes mean that divorce settlements may look different than in previous years. Courts will apply stricter scrutiny to reimbursement claims while also providing clearer guidelines for valid requests.

If you contributed separate property to marital assets during your marriage, start gathering documentation now. The enhanced requirements mean that incomplete records could result in denied claims.

Emphasis on Alternative Dispute Resolution

Texas courts increasingly encourage Alternative Dispute Resolution (ADR) methods, recognizing their benefits for families going through legal proceedings. This shift represents a move away from adversarial litigation toward collaborative problem-solving.

Types of ADR in Family Law

Mediation: A neutral third party helps you and your spouse reach agreements on contested issues. The mediator doesn't make decisions but facilitates productive discussions.

Collaborative Law: Both parties work with specially-trained attorneys committed to reaching settlement outside court. The process may include financial specialists, child specialists, and mental health professionals.

Arbitration: A neutral arbitrator makes binding decisions on disputed issues, providing finality while avoiding lengthy court proceedings.

Benefits of ADR Approaches

Cost Effectiveness: ADR typically costs significantly less than traditional litigation. Court battles can stretch for months or years, accumulating attorney fees, court costs, and expert witness expenses. ADR processes usually resolve issues in weeks or months.

Privacy Protection: Court proceedings become public record, but ADR discussions remain confidential. This privacy proves especially valuable for high-profile individuals or sensitive family situations.

Emotional Wellbeing: ADR reduces the adversarial nature of family disputes. Children benefit when parents work together constructively rather than engaging in bitter court fights.

Faster Resolution: Court schedules often create delays, but ADR sessions can be scheduled quickly. Faster resolution means families can move forward and begin healing sooner.

Greater Control: In litigation, judges make final decisions based on limited courtroom presentations. ADR allows families to craft creative solutions tailored to their unique circumstances.

When ADR Works Best

ADR proves most effective when:

• Both parties are willing to communicate in good faith

• Power imbalances between spouses aren't extreme

• No history of domestic violence exists

• Complex financial issues require detailed exploration

• Children's needs require nuanced solutions

However, ADR isn't appropriate for every situation. Cases involving abuse, significant power imbalances, or unwillingness to negotiate may require traditional litigation.

Proposed Parental Rights Amendment

Texas lawmakers are considering a constitutional amendment that would enshrine fundamental parental rights. While still in proposal stage, this amendment could significantly impact custody decisions and parental authority.

What the Amendment Proposes

The proposed amendment would constitutionally protect parents' rights to:

• Direct their children's upbringing and education

• Make healthcare decisions for minor children

• Access information about their children's welfare

• Practice religious freedom in child-rearing

• Protect children from harmful influences

Potential Implications for Custody Cases

If passed, this amendment could influence custody decisions by:

Strengthening Parental Presumptions: Courts might presume that fit parents act in their children's best interests, requiring stronger evidence to override parental decisions.

Educational Decision Authority: Parents could gain enhanced rights to make educational choices, including school selection, curriculum involvement, and extracurricular activities.

Healthcare Decision Making: The amendment might clarify parental authority over medical treatments, mental health services, and healthcare provider selection.

Religious and Moral Guidance: Parents could receive stronger protection for raising children according to their values and beliefs.

Considerations for Divorced Parents

The amendment raises important questions for divorced families:

• How would enhanced parental rights affect custody modifications?

• What happens when divorced parents disagree on fundamental child-rearing decisions?

• How might courts balance competing parental rights claims?

• Could the amendment impact child support or visitation enforcement?

Current Status and Timeline

The proposed amendment requires legislative approval and voter ratification. Even if passed, implementation would likely include transition periods and court interpretation of specific applications.

Parents involved in custody disputes should monitor this development closely, as passage could affect pending cases and future modification requests.

Preparing for These Changes

These updates represent the most comprehensive changes to Texas family law in recent years. Whether you're currently involved in family law proceedings or anticipating future issues, preparation is essential.

Immediate Steps to Take

Document Your Situation: Gather financial records, custody schedules, and other relevant documents. The new requirements for reimbursement claims make thorough documentation more important than ever.

Review Current Orders: Compare your existing arrangements with the updated guidelines. You may discover opportunities for beneficial modifications.

Consider ADR Options: If you're facing family law issues, explore whether mediation or collaborative approaches might serve your family better than litigation.

Stay Informed: Family law continues evolving. Subscribe to reliable legal updates or maintain contact with a qualified attorney.

Working with Legal Professionals

These changes highlight the importance of working with experienced family law attorneys who understand the latest developments. Look for attorneys who:

• Stay current with legislative updates

• Have experience with ADR methods

• Understand the practical implications of new guidelines

• Can explain complex legal concepts in understandable terms

Take Action to Protect Your Family's Future

Texas family law changes can significantly impact your rights, responsibilities, and family's future. Whether you need to modify existing arrangements or navigate new proceedings, understanding these updates is just the first step.

Don't leave your family's future to chance. The experienced family law attorneys at our firm stay current with all legislative changes and can help you understand how these updates affect your specific situation. We offer comprehensive guidance on custody modifications, child support adjustments, divorce proceedings, and ADR options.

Contact us today for a consultation to discuss how these changes impact your family and explore your legal options. Our team is ready to provide the personalized guidance you need to navigate Texas family law with confidence and protect what matters most to you.

Remember, family law is complex and constantly evolving. While this overview provides valuable information about recent changes, every situation is unique. Professional legal advice tailored to your circumstances is essential for making informed decisions about your family's future.