Family Law Trends and News in Texas | 2026
Bob Leonard Law Group, PLLC
January 20, 2026
New Family Law Trends and News in Texas | 2026
What's new in Family Law news?
Buckle up and get prepared Texas families for Family Law updates on that strengthen enforcement, protect parents, expand support, and streamline court processes. There are some new Texas Family Law trends, largely effective September 1, 2025, which focus on tighter restrictions for non-parent custody filings (like stepparents), stronger visitation enforcement (the "Three Strikes" law), expanded non-custodial parent time, higher child support income caps, and integrating protective orders into divorce cases. These new rules are intending to reinforce biological ties and parental rights while streamlining domestic violence protections.
These new trends, laws and orders will mostly effect divorced parents with children, families across Fort Worth families and those across Texas.
Fit Parent PresumptioN
The Fit Parent Presumption is a legal principle, strongly used in Fort Worth, Texas Family Law, that presumes a fit parent acts in their child's best interest, making it very difficult for non-parents (like grandparents or stepparents) to gain custody or visitation against the parent's wishes. To overcome this, a non-parent must provide clear, convincing evidence that denying them access would cause significant harm or that the parent is unfit, shifting the burden of proof onto the challenger. This legal standard upholds parental rights, rooted in constitutional protections recognized by the U.S. Supreme Court.
Increased Child Support Cap
Texas significantly increased its child support cap from
$9,200 to $11,700 in monthly net resources, effective September 1, 2025, impacting new orders and modifications by raising potential support for higher earners due to inflation, though existing orders aren't automatically changed. This update reflects regular reviews mandated by law and applies the standard percentages (like 20% for one child) to this higher income limit, potentially increasing payments for parents earning above the old cap. This will mean that Fort Worth families will need to adjust their budget to fit the new agreements. Our attorney can help determine what is the best for your child custody support plan for your child custody case.
Child Decision-Making
Judges are now able to give one parent sole control over school-related decisions in high-conflict cases, addressing intractable disagreements, according to this article. In Texas, children's input is considered in custody cases, especially for those 12 and older, but judges ultimately decide based on the "best interest of the child," evaluating factors like safety, stability, emotional needs, and parental involvement, not solely the child's preference, with a goal of fostering cooperation and maintaining a stable environment. While children can't legally "choose" a parent until 18 (or emancipation), their mature opinions carry weight, but courts focus on practical support and well-being, and parents should avoid pressuring them.
Visitation Enforcement (SB 1936)
The Expanded possession orders aim to give non-custodial parents more time, while a new "Three Strikes" rule imposes penalties for repeated denial of court-ordered visitation.
The Texas SB 1936, enacted in 2021, significantly impacts visitation enforcement by strengthening noncustodial parents' rights to request expanded standard possession orders (ESPO), making it easier to get more consistent parenting time, including midweek overnights, and providing stronger legal standing for enforcement actions if orders are violated, with penalties like makeup time or contempt. The law clarifies that parents must strictly follow the court-ordered pick-up times and locations to prove a violation, allowing for motions to enforce, which can result in makeup visits, fines, or jail time for the non-complying parent.
If you need help with your divorce or child custody case in Fort Worth, Aledo, Weatherford, Springtown, Azle, Hurst or other areas in the Metroplex, contact our team now.
