Navigating the New Landscape: Major Texas Family Code Changes Effective September 1, 2025
- Taylor Mohr
- Sep 8
- 8 min read
Updated: Sep 9
On September 1, 2025, some of the most significant changes in years took effect in the Texas Family Code. These amendments impact everything from child support calculations to who can even step into court as a party in a family law case.
If you are a parent, step-parent, non-biological parent, caregiver, or anyone involved in a custody or support matter, these reforms could dramatically affect your rights and responsibilities. Below, I’ll walk you through the highlights, explain why they matter, and share what families and practitioners alike should be watching for.
The New Child Support Cap: $11,700
Let’s start with money, because that’s often the first question.
Texas uses a cap on net monthly resources when calculating guideline child support. Until now, that cap has been $9,200/month, meaning courts applied percentages to that number, regardless of whether the paying parent's net income was significantly more than that.
As of September 1, 2025, the cap increases to $11,700/month. That means that the maximum guideline child support will be increased as follows:
One child:Â up to $2,340/month
Two children:Â up to $2,925/month
Three children:Â up to $3,510/month
This may not sound like much on paper, but it represents a 27% increase—and that can be life-changing for children who rely on this support. This increase is meant to help with the significantly increased costs in child care and daily living necessities in today's world.
What you need to know:
The new cap automatically applies to judgments rendered after 9/1/25.
Existing orders don’t update automatically—you’ll need to file a modification, and this change does not automatically give you grounds to modify. You will still have to meet one of the statutory grounds for a modification to be able to increase child support.
Courts can still deviate from the guidelines when circumstances warrant, but this sets the new baseline.
Who Can File for Custody? A Big Shake-Up in Third-Party Standing
The biggest philosophical change in the 2025 updates is about standing—in other words, who has the legal right to even file a custody case.
For years, Texas law gave certain non-parents (like step-parents, same sex non-biological parents, extended family, or caregivers) the ability to seek possession of or access to a child or certain custody rights if they could show a meaningful relationship with the child and meet one of the standing grounds.
That’s changing, and it’s going to shut the courthouse doors for many people who once had a path in.
Exclusive Care, Control, and Possession (TFC 102.002(a)(9))
Previously, someone who had actual care, control, and possession of a child for at least six months had standing to file. That included situations where a step-parent, non-biological/adoptive same-sex parent, or grandparent was helping raise the child alongside a biological parent.
Now, the law says exclusive care, control, and possession. If the child’s parent was also present in the home, that non-parent no longer qualifies.
This change will likely cut off step-parents in blended families, non-biological/adoptive parents in same-sex relationships, and non-biological parents in non-traditional family structures from asserting rights unless the biological parent was completely absent for six months or more.
The Elimination of "Step-Parent" Death Standing (TFC 102.002(a)(11))
Another avenue of standing is now gone completely.
Previously, if a step-parent or non-biological/adoptive same-sex parent (or another adult) lived with the parent and child, and the parent died, that surviving caregiver could file for custody. Starting September 1, that provision is eliminated in its entirety.
The takeaway? Step-parents (or non-biological/adoptive same-sex parents) who lose a spouse no longer automatically gain legal standing to fight for custody of a child. That’s a seismic shift in how Texas treats blended families.
Foster Parents and Consanguinity Adjustments
The old TFC 102.003(a)(12)Â (now renumbered 11) reduces the situations in which foster parents have standing, particularly in DFPS cases. Even if a child lived with a foster parent for more than 12 months, they will no longer be able to file a custody suit if the child has been placed back with the parent for a "monitored return" or if DFPS has dismissed their case.
A new TFC 102.003(a)(13) (now 12) expands the pool of relatives with standing by adding the fourth degree of consanguinity—this means great-aunts/uncles, second cousins, and other extended relatives can potentially file.
So while step-parents lose ground, extended biological relatives gain some in cases started by DFPS.
The New Affidavit Requirement
This is one of the most practical but powerful changes. Any non-parent (meaning not a biological or adoptive parent) who files for custody must now attach an affidavit that does two things:
Allege sufficient facts showing they meet the standing requirements.
Allege that denying the relief requested would significantly impair the child’s physical health or emotional development.
And here’s the kicker: this requirement applies to all cases pending on or after September 1, 2025—not just new filings.
For lawyers and non-parent caregivers, this means carefully drafted, fact-heavy pleadings are now essential. A vague petition won’t cut it anymore.
Possession Schedules: ESPO Becomes Automatic Within 50 Miles
Another major change relates to the Expanded Standard Possession Order (ESPO).
For years, ESPO (which gives the noncustodial parent Thursday overnights and extended weekends) was available, but only if specifically elected by a parent. Now, if parents live within 50 miles of each other, ESPO is the default schedule without needing to be elected.
The court can still deviate from the ESPO if:
The geography makes it impractical, or
The noncustodial parent hasn’t consistently exercised their periods of possession or parental rights before filing.
This shift reflects a policy trend in Texas toward encouraging frequent, continuous contact between both parents when feasible. For many families, it means more overnight parenting time for the noncustodial parent right out of the gate.
Certified Birth Certificate Requirement: TFC 102.008(c) & (d)
Another important procedural change is the amendment to TFC §102.008(c) and (d), which governs what must be filed with a custody petition.
What’s new: If a certified copy of the child’s birth certificate is available to the person filing, it must now be filed with the petition in any suit affecting the parent–child relationship.
If not available:Â The petitioner must include a statement explaining why the certificate could not be obtained.
This requirement does not apply to cases filed by a Title IV agency (AKA the Attorney General's office that handles things like child support and custody).
Why this matters: This may sound like a small paperwork detail, but it has big practical implications. Birth certificates are critical for verifying parentage, age, and identity — all central issues in custody cases. Courts will now expect this documentation up front, rather than waiting for it to surface later in the case.
For parents, step-parents, and relatives seeking standing, this is one more procedural box to check before the court will even consider your request. For lawyers, it means updating intake processes to request certified birth certificates early.
Beyond Custody & Support: Other Notable Reforms
While child support and standing are grabbing the headlines, other important changes round out the 2025 updates:
Amicus Attorney Clarification (HB 2530): Better definition of roles when an attorney is appointed to represent a child’s best interests.
DFPS Reforms (HB 451, HB 1734, SB 1398):Â New screening tools for trafficking risks, tighter definitions of neglect, and enhanced reporting requirements.
Youth in Conservatorship (HB 4655):Â Stronger Preparation for Adult Living (PAL) programs, teaching financial literacy, transportation financing, and life skills.
Digital Records & Paternity (HB 4795):Â Streamlines electronic requests for vital records and paternity registry searches.
DNA Protections (HB 5149): DFPS can’t collect or use a child’s DNA without written consent or a court order.
Rural Pilot Programs (SB 513):Â Expands community-based care in underserved areas.
These provisions may not affect every family directly, but they reflect Texas’s broader goals: protecting children, modernizing processes, and narrowing the scope of who can intervene in family cases.
What This Means for Families and Practitioners
These changes are more than legislative tweaks—they reshape the foundations of Texas family law.
For parents:Â Expect higher child support in new cases and more automatic overnight time if you live within 50 miles of the other parent.
For step-parents, non-biological parents, and caregivers: Standing just became significantly harder to prove. Plan ahead, and don’t assume you’ll have access to the courthouse without strong, fact-based pleadings. Talk to an attorney immediately about an adoption, as that will likely be the only way to guarantee your involvement in a child's life if the relationship between a biological and non-biological parent-figure breaks down.
For lawyers: Pay attention to pending cases. That new affidavit requirement applies immediately on September 1, even if your case was filed earlier.
📌 FAQ: Texas Family Code Changes Effective September 1, 2025
Q: Do these changes affect my current child support order? Not automatically. If your order was signed before September 1, 2025, the old child support cap applies until you file a modification. If your income or circumstances justify it, you may be eligible to request an increase (or adjustment) under the new law.
Q: I’m a step-parent. Can I still file for custody if something happens? In most cases, no. Step-parent standing has been significantly narrowed, especially if the biological parent is still involved. Courts are now prioritizing biological parents and extended family. If you’re a step-parent or second parent concerned about long-term rights, talk to an attorney about proactive planning (like adoption).
Q: What if I already filed a case before September 1, 2025? The new affidavit requirement applies to all pending cases on or after September 1, 2025. If you are a non-parent seeking custody, your pleadings must include an affidavit showing you meet standing and that not granting relief would significantly harm the child.
Q: Does the new Expanded Standard Possession Order (ESPO) apply to me? Yes—if you and the other parent live within 50 miles of each other, ESPO is now the default possession schedule. Courts can modify if the distance makes it unworkable or if the noncustodial parent hasn’t been consistently involved before the case.
Q: Do these laws change foster care and DFPS cases? Yes. The Legislature also passed reforms strengthening protections in DFPS cases, updating foster parent standing, expanding support programs for youth in care, and adding new privacy protections (like limits on DNA collection).
Q: What’s the bottom line for families? For parents, the changes may mean higher child support and more parenting time. For step-parents and informal caregivers, the pathway to court is narrower. For extended relatives, standing has been expanded in certain cases. Every case will depend on the facts, so consult with an attorney to understand your options.
Final Thoughts
September 1, 2025, has ushered in a transformative new era of Texas family law, marking a significant shift in the legal landscape that governs familial relationships and child custody arrangements. This new legislative framework places a pronounced emphasis on the rights and responsibilities of biological parents and extended relatives over step-parents and non-biological parents. This adjustment reflects a growing recognition of the importance of biological connections and familial ties, as lawmakers aim to prioritize the stability and emotional well-being of children by ensuring that their relationships with their biological families are preserved and protected.
This new era also raises the financial bar for child support obligations. The modifications to child support guidelines are designed to ensure that children receive adequate financial support that meets their needs, thereby enhancing their quality of life. This change requires parents to be more financially accountable, taking into consideration not only the basic necessities but also the broader spectrum of a child's upbringing, including educational and extracurricular expenses. Such an increase in financial obligations underscores the importance of providing a stable and nurturing environment for children, aligning with the overarching goal of promoting their best interests.
Furthermore, the new legislation encourages expanded parenting time in situations where parents live in close proximity to one another. This initiative aims to facilitate more frequent and meaningful interactions between children and both parents, fostering stronger relationships and ensuring that children benefit from the active involvement of both parental figures in their lives. By promoting increased parenting time, the law acknowledges the importance of shared parenting and the positive impact it has on children's emotional and psychological development.
Given these substantial changes in family law, it is imperative for families to consult with an experienced family law attorney as soon as possible. Understanding how these new laws could influence ongoing or future custody cases, child support arrangements, and overall family dynamics is crucial for making informed decisions. Legal professionals can provide invaluable insights and guidance, helping families navigate the complexities of the new legal landscape and advocate for their rights effectively.