Two New Family Case laws have been passed by the Texas legislature and signed by Governor Abbott, effective 9/1/2019:
HB553 Relating to notice summer weekend possession of a child under a standard possession order in a suit affecting the parent-child relationship.
SECTION 1. Section 153.312, Family Code, is amended by adding subsection (c) to read as follows:
(c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child.
SECTION 2. Section 153.312 (c), Family Code, as added by this Act, applies only to a court order providing for possession of or access to a child rendered on or after the effective date of this Act. A court order rendered before the effective date on this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019
HB House Bill 558: Relating to the court ordered support for a child with disability:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.302, Family Code, is amended by adding Subsection (c) to read as follows:
(c) notwithstanding Subsection (b), a court that orders support under this section for an adult child with a disability may designate a special needs trust and provide that the support may be paid directly to the trust for the benefit of the adult child. The court shall order that support payable to a special needs trust under this subsection be paid directly to the trust and may not order that the support be paid to the state disbursement unit. This subsection does not apply in a Title IV-D case.
SECTION 2. The change in law made by this Act constitutes a material and substantial change of circumstance under Section 156.401, Family Code, sufficient to warrant modification of a court order or a portion of a decree that provides support for a child rendered before the effective date of this Act.
Section 3. This Act takes effect on September 1, 2019
More new Texas Legislature Family Laws to come!
December 2016 the Texas Department of Motor Vehicles will start denying motor vehicle registration renewals for parents who have gone at least six months without making a child support payment. The law applies to Office of the Attorney General (OAG) child support cases.
The OAG also has the authority to bar the renewal of professional, recreational and handgun licensed of parents behind on child support payments.
Delinquent Parents will receive a notice from the Department of Motor Vehicles and a letter from the attorney general’s office about two months before their registration is set to expire.
Once parents receive a notice, they must agree to a payment plan with the Attorney General’s child support division before they will be able to renew their registration. This law only applies to motor vehicle renewals. New vehicle purchases are not affected.
The 2015 Texas Legislature was active on family law bills and changes to the Texas Family Code! These many changes to various provisions of the family code could legally affect you and your family.
Some of the more important 2015 Family Laws, Amendments, and Revisions:
House Bill 826 amends the Family Code to require a child support order to contain a specified statement regarding the circumstances under which a court may modify a child support order. Effective: 9-1-15
House Bill 1447 amends the Code of Criminal Procedure to expand the persons authorized to file an application for a protective order for certain victims of sexual assault or abuse, stalking, or trafficking and to entitle victims of those offenses or the victim’s parent or guardian to additional crime victims’ rights relating to the protective order to provide the notice in the prescribed manner a Class C misdemeanor. Effective: 9-1-15
House Bill 1500 amends the Family Code to require a person who files a motion for a temporary order in a suit for modification of the parent-child relationship to execute and attach to the motion an affidavit that contains facts that support the allegation that the child’s present circumstances would significantly impair the child’s physical health or emotional development. The bill establishes a court’s duty to schedule a hearing if those facts are adequate to support the allegation. Effective: 9-1-15
House Bill 1782 amends the Family Code to establish, for purposes of a family violence protective order, the presumption that family violence has occurred and is likely to occur in the future if the respondent has been convicted of or placed on deferred adjudication community supervision for an offense involving family violence against the child for whom the petition is filed, the respondent’s parental rights with respect to the child have been terminated, and the respondent is seeking or attempting to seek contact with the child. Effective: 9-1-15
House Bill 1923 amends the Civil Practice and Remedies Code to include a retired or former statutory probate court judge among the judges eligible to serve as a special judge in certain civil or family law matters. Effective: 9-1-15
Senate Bill 206 amends the provisions of the Education Code, Family Code, Government Code, and Human Resources Code relating to the functions and administration of the Department of Family and Protective Services (DFPS). The bill revises and streamlines agency procedures involved in adoption cases and child protective services cases by changing various record keeping, notification, and casework documentation requirements and provisions governing the investigation of a report of abuse, neglect, or exploitation of a child and by condensing and updating provisions governing procedures in a child protection suit, including adversary and permanency hearings, and the performance of a child placement review for a child under DFPS care. The bill establishes annual reporting requirements for DFPS regarding key performance measures and data elements for child protection and sets out notification requirements relating to significant events for a child in DFPS conservatorship involving the child’s placement, medical condition, prescribed drugs, and school performance; revises provisions governing foster care, including requirements that foster children be provided access to certain personal information and documents; and sets out requirements for implementing foster care redesign. The bill consolidates and restructures provisions regarding prevention and early intervention services, including the child abuse and neglect primary prevention program, and requires the development and implementation of a strategic plan for those services within DFPS. The bill revises provisions relating to public school admission and attendance of, and eligibility for an exemption from tuition and fees for, students under DFPS conservatorship.
The bill broadens the authority of DFPS to obtain criminal history record information regarding certain persons; authorizes the executive commissioner to adopt rules regarding the purpose, structure, and use of advisory committees by DFPS; and requires the development and implementation of an annual business plan for the child protective services program to prioritize the department’s activities and resources to improve the program. The bill provides for an enforcement policy for the regulation of certain child-care facilities, homes, and agencies and revises provisions governing administrative remedies for those regulated entities.
The bill requires DFPS to study whether provisions governing authorization agreements between the parent of a child and a nonparent relative should be expanded to include authorization agreements between a parent of a child and a person who is unrelated to the child. Effective September 1, 2016, the bill updates provisions governing the licensing and certification of certain child-care facilities, homes, and agencies. Effective: 9-1-15
Senate Bill 314 amends the Family Code to detail what information the Department of Family and Protective Services and a court appointing a nonparent as managing conservator of a child must provide to the nonparent. Effective: 9-1-15
Senate Bill 550 amends the Family Code, Government Code, Insurance Code, and Labor Code to establish a court’s duty to render an order for the dental support of a child in a suit affecting the parent-child relationship or in a proceeding under the Uniform Interstate Family Support Act. Effective: 9-1-15
Senate Bill 813 amends the Family Code to establish that a digitized signature on a pleading or order in a proceeding involving the marriage relationship, the child in relation to the family, or a protective order satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under the Texas Rules of Civil Procedure. Effective: 9-1-15
Senate Bill 814 amends the Family Code to establish the authority of a party to a suit to remove the disabilities of minority, a suit to change a person’s name, or a suit affecting the parent-child relationship to waive the issuance or service of citation. The bill revises requirements for a waiver of service in a suit for dissolution of a marriage. Effective: 9-1-15
Senate Bill 815 amends the Family Code to expand the types of activities a court may prohibit by temporary restraining order in a suit for the dissolution of marriage. Effective: 9-1-15
Senate Bill 818 amends the Family Code to require a court to order that each conservator of a child has the duty to inform the other conservator of the child of certain information regarding the conservator’s involvement with a person who is the subject of a final protective order or if the conservator is the subject of such an order. The bill establishes deadlines for providing the notice and makes a conservator’s failure to provide the notice in the prescribed manner a Class C misdemeanor. Effective: 9-1-15
Senate Bill 1726 amends the Estates Code, Family Code, and Government Code to revise and clarify provisions relating to suits affecting the parent-child relationship, including provisions relating to Class 4 claims against an estate, the conditions under which a court is authorized to order that certain information not be disclosed to a party to a suit, notice requirements regarding enrollment in or termination of benefits under an employer’s health insurance plan, and notice requirements and enforcement mechanisms for certain child support orders. Among other provisions, the bill provides for electronic notarization of required signatures in a proceeding filed under provisions relating to the parent-child relationship. Effective: 9-1-15
To view more information on the 2015 Texas family law bills, amendments, and revisions go to Texas Legislature Online @ http://www.capitol.state.tx.us/
Now that the Texas Legislature has ended, we will review some of the bills passed that will affect our Family Law Cases.
S.B. 814 Waivers of Citations in Certain Family Law Suits
Currently, the state of Texas allows for a parties involved in a divorce to waive service. Loosely translated, that means that the person named in the divorce suit can sign a paper which proactively tells the relevant court that they are officially aware their spouse is filing for divorce. This waiver means they don’t have to physically be served with the divorce papers by their spouse or a process server, potentially saving everyone involved a bit of time, money, and maybe some emotional pain
S.B. 814 was introduced to further the use of such waivers to apply to other common family law matters.
The waiver should also be used for:
- Suits to remove disability of a minor (commonly referred to as emancipation)
- Suits to change the name of an adult or child
- Any suits relating to a parent-child relationship
The bill passed and will take effect on September 1, 2015.
S.B. 817: Issuance of a protective order and appointment of a managing conservator in certain family law proceedings.
S.B. 817 proposes that the state change the language on applications for protective orders (restraining orders, etc.) by switching the word “victim” with the phrase “applicant for a protective order.” Specifically, this change is meant to help those people who are applying for the protective order on behalf of the actual victim of the abuse or violence.
Some judges are currently reluctant to sign orders which list the applicant as a “victim” because doing so indirectly endorses the allegations of abuse as being true without a trial. With the label change, it removes that concern and will enable judges to issue more orders to protect those in need.
The bill passed virtually unopposed, and will take effect on September 1, 2015.
S.B. 314: Appointment of a non-parent as managing conservator of a child.
This law addresses a growing number of complaints by relatives who assume custody of children removed from their parents’ homes by CPS (Child Protective Services). This type of custody is called “permanent managing conservatorship,” or PMC. It is not adoption and does not carry the same legal meaning, but many relatives claim that these differences are not clarified by CPS.
As a result, the bill requires a court awarding custody to specifically explain 3 common misunderstandings to the relatives or non-parents assuming PMC.
- PMC rights are specified by the court, and are not the same as rights associated with adoption
- The parent(s) can still request visitation, and can request to become the managing conservator
- PMC does not qualify nor disqualify the relative or non-parent for/from post-adoption benefits
The bill states that if the non-parent assuming PMC does not appear in court, the court must then have evidence that they were advised of this information.
The bill passed without opposition, and will take effect on September 1, 2015.
Many victims of domestic violence often refuse to leave an unsafe environment since many times they must leave their pet behind. These victims many times leave in such a hurry that their pets are unable to join them. The perpetrator of the domestic violence will threaten or harm the pet as a means to intimidate and gain leverage over their victims.
Texas SB 555 amends Family Law Section 85.021, to authorize a court in a protective order, to take certain actions, including prohibiting a party from removing a pet, companion animal, or assistance animal from the possession of the actual or constructive care of a person named in the order.
Texas SB 555 also amends Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case) of the Penal Code to expand the definition of “possession” to mean actual or constructive care of an animal. Finally, SB 555 now amends the current law relating to provisions in protective orders regarding pets and other companion animals and provides a penalty for any offense committed by a person if that person harms a pet!