As of September 1, 2025, several important changes to Texas family law go into effect, directly impacting how courts handle protective orders, child custody, and child support. For families in San Antonio, these are more than just legal technicalities. They could shape the outcome of your case.
Why These Changes Matter for San Antonio Families
If you are navigating a divorce, requesting a protective order, or seeking custody, it is critical to understand how new laws may influence your rights and responsibilities. Courts will be implementing these changes as of September 1, meaning that:
- Cases filed on or after that date will be governed by the new rules.
- Existing cases may be affected if they are still pending as of that date or if one party files to modify an order based on the new law.
Knowing what to expect and how to prepare will be important if you are filing divorce or custody cases after these changes.
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SB 1559: Protective Orders Now Integrated into Custody and Divorce Cases
Senate Bill 1559 now requires that protective orders involving family violence be consolidated into any pending divorce or child custody case between the same parties.
What changed:
Before this law, if someone needed a protective order due to domestic violence, that request would be handled in a separate court from the divorce or custody case. SB 1559 now requires that these orders be transferred into the divorce or custody proceeding involving these people.
Why this matters:
If you are experiencing family violence, this law helps streamline your case and strengthens your legal protection. Judges handling divorce and custody cases will now have full access to the details of any abuse or threats, making it more likely that they will issue parenting orders that prioritize safety. This new law empowers judges to take a more holistic view of a family’s situation, leading to safer outcomes, especially for children who may otherwise be at risk if abuse wasn’t considered in the custody decision.
SB 1398: Changes to Suits Involving DFPS Conservatorship
Senate Bill 1398 introduces procedures when the Texas Department of Family and Protective Services (DFPS) is involved in suits affecting the parent-child relationship.
What changed:
The law updates how cases are handled when DFPS is involved, particularly when a child is removed from a parent’s care due to concerns about abuse or neglect.
Why this matters:
If you are a parent who is dealing with DFPS, this law gives you more opportunity to show that you’re working to reunify with your child. It requires the state to make stronger efforts to place children with relatives or in their local community rather than strangers further away. It also increases the court’s focus on keeping families together when safe and possible. In other words, if you have had your child placed into foster care, this law may provide new paths for reunification or kinship placement. Judges will be looking for documented efforts by DFPS to keep your child with family.
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SB 1936: Expanded Possession Time for Noncustodial Parents
Senate Bill 1936 revises possession orders to grant additional parenting time to noncustodial parents under certain conditions.
What changed:
The law revises the standard possession schedule, which is the default visitation calendar for noncustodial parents. It now allows for extended weekend and weekday visits, as well as more holiday time if the noncustodial parent meets certain criteria, such as living within a reasonable distance from the child and demonstrating a stable schedule.
Why this matters:
More parenting time translates to stronger relationships with your child. If you are a noncustodial parent, this means you may qualify for additional time with your child without going through a lengthy court battle. This helps support a more equal role in your child’s life.
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New Guidelines for Child Support Calculations
Texas has also revised its child support guidelines, including updated income thresholds and revised caps.
What changed:
Texas updated the formulas and income limits used to calculate child support. These revisions reflect:
- Higher income caps – More of the paying parent’s income can now be considered.
- Updated cost-of-living assumptions – The new formulas better reflect the real costs of raising children in today’s economy.
- More predictable outcomes – The updated guidelines provide clearer direction on calculating support, leading to greater consistency in support awards.
Why it matters:
For parents seeking support for the first time as part of a divorce, custody, or paternity case, these updates offer an opportunity to request support that more accurately reflects your child’s financial needs.
For parents that already have a child support order in place, these new guidelines may provide a reason to request a modification, especially if your financial circumstances or the other parent’s have changed since the original order.
When Do These Laws Take Effect?
Although news of these legal changes has been circulating for a while, none of these changes takes effect until September 1, 2025. This included Senate Bill 1559, Senate Bill 1398, Senate Bill 1936, and updated child support guidelines.
This means if you are planning to file a new case, any filings made after September 1 will be governed by these new laws. The courts will apply updated rules automatically to new cases starting on or after that date.
For cases already in progress but still unresolved by September 1, the new laws may also begin to apply, particularly if there’s a request to modify an existing order or if the judge determines the updated law offers a more appropriate standard for the case. If you are unsure whether it makes sense to file now or wait until after the law changes, speaking with an experienced family law attorney can help you assess the best timing based on your circumstances. For many families, waiting could mean a very different outcome.
Getting the Guidance of an Experienced San Antonio Family Law Attorney
At Melone Hatley, P.C., our experienced San Antonio family law attorneys stay ahead of legal changes, so our clients don’t have to. We understand how these changes play out in the courts and what they mean for you. Let us help protect your rights and your family’s future in a rapidly changing legal landscape. Call us today at 210-688-8550 or contact us online to schedule a free consultation with one of our Client Services Coordinators.
Schedule a call with one of our client services coordinators today.
