The Texas 87th session was very uneventful this year, with two additional sessions. Listed below are some new bills and bill revisions that passed this year for the Family Code:
- HB 3774: Effective September 1, 2021, The date of the marriage must now be included in all final decrees of divorce in an official court document. Proof of the length of marriage is required to apply for Social Security retirement benefits.
- HB 2926: September 1, 2021, Reinstatement of Parental Rights after Involuntary Termination. This is a new and significant procedure that allows certain people, including the Department of Family and Protective Services and a previously terminated parent, to move for reinstatement of their parental rights. Subchapter D added to Ch. 161 of the Texas Family Code, sets out the basic requirements for filing and hearing procedures.
- SB1936: September 1, 2021, expressly states the standard Possession Order that the alternative ending time for Monday school holiday and teacher in-service days is 8a.m. on the following Tuesday and if a conservator lives less than 50 miles from the other conservator, the court shall also award that conservator the alternative beginning and ending time for standard possession order. This award does not apply if the possessory conservator declines one or of the alternative times or possession is limited by the court in the best interest of the child.
*If the Possessory Conservator lives more than 50 but not more than 100 miles from the child’s primary residence, the law will not change: that parent may still opt into the Expanded Standard Possession Order (ESPO) – but it will not be automatic.
- HB 1012: September 1, 2021, Access to residence or former residence to retrieve personal property. If entry is denied by a current occupant, the denied person could seek a writ, authorizing them to go to the residence to get their possessions with a peace officer. If the property was listed in a Decree, relief can be sought in court granting such Decree.
- HB 3009: September 1, 2021, Child Custody evaluators must be able to communicate with a parent in their primacy language or have someone who can assist the parent in their primary language for Child custody evaluations.
This legislature Session caused a lot of “smoke” but “little fire” for Texas Family Law.
Nacol Law Firm P.C.
Walnut Glen Tower
8144 Walnut Glen
Dallas, Texas 75231
Call (972) 690-3333
We are now experiencing the worst Medical Pandemic in the USA since the Spanish Flu Pandemic of 1918. The COVID-19 Outbreak may be changing our American way of life for some time. Many families are in upheaval from fear of loved ones getting the virus, losing jobs, and not having food for their families. And in the middle of this situation you may be going through a family breakup, divorce, or just trying to Co-Parent your kids with your EX.
Now the “Never Want to Live Through It” Scenario may happen! Your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? When will I ever see my children again?
After you get over your shock, the main question you will ask is:
What can I do to get my children back?
On March 13, 2020, the Texas Supreme Court issued an emergency order that divorced / single parents should go by the originally published school and visitation schedule in their current decree. Since the last life-threatening pandemic in the United States was the Spanish Flu Pandemic of 1918, most divorce / single parent agreements do not include a pandemic clause! This emergency order was issued with the potential need of closing all courts, non-essential businesses and stay-at-home orders, Texas had to have an order in place to protect the children so that both parents could continue to care and protect them during the Pandemic.
If a custody agreement is in place with the court it is legally binding. If the runaway parent violates the agreement terms, he / she is in violation of the law and will likely face some serious legal consequences.
Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody / visitation agreement could be considered parental kidnapping if the runaway parent moves over a state line without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.
When the runaway parent and children are found, this is what could happen:
- Custody Arrangements may legally be changed by court orders. You will, in the most aggravated cases, most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child.
- The runaway parent may also face criminal charges and jail time.
At any time, this could happen to you! If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.
*If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.
After you get over your shock, the main question you will ask Is:
What can I do to get my children back?
- Think Clearly! You must respond quickly. Time is of the essence.
- Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission. Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children. It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
- Contact a family law attorney immediately. Texas Courts are dealing with many of these runaway situations and an experienced family law attorney can help you legally deal with finding your child in a timely fashion. After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed. Texas Judges and Courts will not take a runaway situation lightly by an errant parent!
Click to open the Texas Supreme Court Emergency Order (pdf)
Nacol Law Firm P.C.
8144 Walnut Hill Lane, Suite 1190
Dallas TX, 75231
Fathers Rights in Texas – WE NEVER GIVE UP!
Dealing with a worldwide medical pandemic and personally trying to stay alive and healthy is mentally changeling, but for parents who are divorced or have separate custody agreements and co- parent, it can be a disaster for the entire family. Hopefully, this Coronavirus Pandemic will be a short-lived life-threatening situation, but how the Co-parents cope with the problem could deeply impact their children’s emotional life.
In Texas, on March 13, 2020, the Texas Supreme Court issued an emergency order that divorced /single parents should go by the originally published school and visitation schedule in their current decree. Since the last life-threatening pandemic in the United State was the Spanish Flu Pandemic of 1918, most divorce/ single parent agreements do not include a pandemic clause!
Do not be one of those parents who decides that they “are the decision maker” and drives away with the kids for an extended vacation to Grandma’s in Florida without telling the other parent. Or deciding that the family circle of trust does not include their Other Parent and refuses visitation or joint decision making. These hasty, irrational decisions may seem reasonable in this time of national panic but consider the legal ramifications of violating an order. Since all courts, in Texas, are now closed except for emergency litigation matters only, when the courts are fully operational again and the medical danger has passed, how will a violation of your current decree look to the Judge? Judges always look to the needs of the child versus the unreasonable expectations of the parent. There will be serious ramifications against the violating parent.
Let’s look at some ideas on how co-parenting during this pandemic season can work the best for all family members and by joint agreement will save your both money that would normally go to legal fees.
Just remember that as co-parents your children are most important. Your child has been told that they can’t see their grandparents because of their age and if infected by the coronavirus, may die. No school, no playing of sports, or playing with friends since they may be infected with a deadly virus and become very ill. Decide to cooperate as responsible co-parents to navigate the child to the new changes in their daily routines without a lot of stress and anxiety on the child. By keeping the child calm and showing “a united family circle” the child will know that Mom and Dad are there for him/her.
Some areas of agreement should be that the child will have regular email, phone calls, FaceTime, Zoom visits, and texting with the other parent. The child needs to know that both parents are safe and interested in their wellbeing. Regular visitations times must be made available for the child to see each parent. Remember the child’s core circle of trust are his/her parents and siblings.
Another very serious matter is the decision of what will happen to the child if one parent becomes ill and cannot care for the child. The joint decision must be made by both parents and must ultimately be in the best interest for the child.
Custody disputes and circumstances that have totally changed in the last month. Just remember, co-parent cooperation is the best choice. There is no doubt that judges will be happy to hear that parents have worked together to meet their child’s best interest, by taking steps to protect the child’s health and safety.
This is a time for mutual give and take from both parents. No one is always right nor always wrong. In this upside crazy pandemic world, jointly trying to navigate your family to a better place will have its own rewards.
If, however, one parent unilaterally refuses to make fair agreements for the children or violates your custody orders, avoid retaliation and follow your decree orders faithfully. This Pandemic will pass, and most Judges will not treat lightly intense misconduct when the courts reopen.
Mark A. Nacol
The Nacol Law Firm P.C.
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.