Melinda sits down with Duffee + Eitzen associate attorney, Devin Kerns, who breaks down the most important 2025 updates to Texas family law. The changes impact child support, protective orders, non-parent rights, and enforcement provisions—each reshaping how courts prioritize safety, parental authority, and long-term family outcomes.
About the Guest
Devin Kerns is an associate attorney at Duffee + Eitzen in Dallas, TX.
Child Support
- The net resources cap for child support has increased from $9,200 to $11,700 per month, reflecting a 27% rise.
- The standard calculation remains: 20% of the paying parent’s monthly income for one child.
- Parents can still negotiate individual child support agreements, but those exist alongside the statutory increase.
- The Texas Attorney General’s Office continues to review child support cases at no cost.
Protective Orders
- A Protective Order (PO) now takes legal priority over any custody or divorce decree in place.
- SAPOs (Stalking/Abuse Protective Orders) automatically last two years.
- The showing that violence was likely to recur is still no longer required.
- Transfers to divorce court are now mandatory (previously discretionary) unless the court determines that doing so would endanger the protected party’s safety.
Non-Parent Rights
- The definition of “non-parent” includes stepparents, grandparents, aunts, uncles, and other non-biological or non-adoptive caregivers.
- Texas has tightened the standard for non-parent standing in custody or access cases.
- Previously, standing required actual care, control, or possession of a child for at least six months.
- The new statute replaces “actual” with “exclusive,” although this term is undefined by the statue.
- The stepparent statute granting standing after the death of a biological parent has been completely repealed.
Fit Parent Presumption
- The fit parent presumption now carries stronger legal protection for biological and adoptive parents.
- Courts require clear and convincing evidence to override parental rights, now clarifying the application burden of proof.
- Non-parents cannot overcome this presumption by referencing prior agreed orders or informal arrangements.
- This shift reinforces that parental autonomy and decision-making remain the court’s priority unless substantial evidence shows otherwise.
Enforcements
- A new “Three Strikes” provision increases accountability for repeated violations of court orders.
- After three prior contempt findings for violating a possession or access order, the fourth violation:
- Constitutes a material and substantial change, providing grounds for modification, and
- Requires commitment to jail.
- In effect, four deliberate violations of a court order now lead to incarceration.
Quotes
“Litigating in a family is very different than litigating between two business partners.”
— Devin Kerns, Associate Attorney, Duffee + Eitzen
“The court is not interested in getting into the personal decision-making of a parent.”
— Devin Kerns, Associate Attorney, Duffee + Eitzen
