Texas adds a ‘three strikes’ rule for custody battles | What parents need to know about new family laws

HOUSTON — Families across Texas are adjusting to significant updates to state family law that went into effect on September 1.

Board-certified family law attorney Charlotte Rainwater joined KHOU 11 Morning News to explain the new laws and how they could affect parents and children across the state.

One of the biggest updates involves child support.

• Parents with a net income over $140,000 per year will now see an increase of about $500 per month in payments.
• For one child, 20% support is calculated at about $2,340 per month, effective Sept. 1 for any new or modified child support orders.

Texas family courts will also now determine which parent has the right to make school enrollment decisions. Judges can grant one parent the exclusive right to enroll a child in school and use school vouchers, removing what was previously a joint decision.

Another new law prohibits a controversial form of therapy once used in parental alienation cases. The now-banned practice involved removing a child from one parent and placing them in intensive “deprogramming” programs lasting days or even months before reuniting with the other parent.

To protect parental access, Texas created a “three strikes” rule. If a parent is found in contempt three times for blocking visitation, the court can use that record to potentially remove them as the custodial parent.

The law also clarifies how courts view gender identity issues. It is no longer considered abuse if a parent does not provide gender-affirming care or does not use a child’s preferred pronouns.

Rainwater said this legislative session brought more changes to the Texas Family Code than in years past. She added that parents can learn more by searching online, monitoring state bills, or reaching out to attorneys and legislators for guidance.

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