The 81st Legislative session resulted in many significant changes to the Texas Family Code. Thanks to the Legislative Committee of the Family Law Section of the State Bar, and the diligent efforts of the Texas Family Law Foundation, 8 of the 11 bills proposed by the Section passed!
The most notable changes to the Family Code include:
1. Certificate of Informal Marriage – House Bill 3666 amends section 2.204 of the Family Code by adding a provision for the preparation of a Certificate of Informal Marriage by the County Clerk. This means that people who are common law married will be able to obtain a certificate recognizing the validity of their marriage.
2. Waiving the 60 Day Waiting Period – HB 72 amends section 6.702 of the Family Code to allow a party to waive the mandatory 60 day waiting period required before a court may grant a divorce in a case where the court finds that:
a. the Respondent has been finally convicted of (or received deferred adjudication) for an offense involving family violence against the Petitioner or a member of Petitioner’s household, or
b. the Petitioner has an active Protective Order under Title IV or an active magistrate’s order for emergency protection against the Respondent as a result of family violence committed during the marriage.
3. New Chapter 34- Authorization Agreements for Non-Parents (SB 1598)- In short, this is a new statute that will allow parents to authorize a non-parent relative of a child to make certain decisions on behalf of the child. The non-parent relative must be a grandparent, adult sibling, or an adult aunt or uncle of the child. The agreement (which can be revoked at any time) will allow the non-parent to consent to medical, dental, psychological, and surgical treatment of the child, obtain insurance coverage for the child, and enroll the child in school or daycare (in the district where the non-parent resides). This agreement can be entered into by only one parent as long as the other parent receives written notice by mail at least 10 days before it’s signed. However, if the child is under the continuing jurisdiction of a court, the court must pre-approve the agreement.
4. Sibling Access – HB 1012 amends section 153.551(b) of the Family Code to give siblings (who were separated from the child by the Department of Family and Protective Services) the right to file a lawsuit to seek access to the child.
5. New Court in Harris County – Harris County will receive a new Domestic Violence Court to be headed by Judge Tony Lindsey. This court will be located in the Civil Courts Building and will hear all Protective Order matters not associated with a divorce filing.
Failed Bill - If you don’t appreciate the efforts of the Texas Family Law Foundation by now, you may find it interesting to know that HB 480 did not pass. This bill, which was highly opposed by the Foundation, would have required every Petitioner to take a 10 hour “Crises Marriage Education Course” before filing for divorce and suggested that Respondent’s do the same! Failure to take the course could have been considered by the court in dividing property, awarding custody (!), awarding spousal maintenance, and in determining whether to vary from the child support guidelines!
All changes will be effective September 1, 2009 and will apply to every case filed from that date forward. Cases filed before September 1, 2009 will not be affected by these changes.
The most notable changes to the Family Code include:
1. Certificate of Informal Marriage – House Bill 3666 amends section 2.204 of the Family Code by adding a provision for the preparation of a Certificate of Informal Marriage by the County Clerk. This means that people who are common law married will be able to obtain a certificate recognizing the validity of their marriage.
2. Waiving the 60 Day Waiting Period – HB 72 amends section 6.702 of the Family Code to allow a party to waive the mandatory 60 day waiting period required before a court may grant a divorce in a case where the court finds that:
a. the Respondent has been finally convicted of (or received deferred adjudication) for an offense involving family violence against the Petitioner or a member of Petitioner’s household, or
b. the Petitioner has an active Protective Order under Title IV or an active magistrate’s order for emergency protection against the Respondent as a result of family violence committed during the marriage.
3. New Chapter 34- Authorization Agreements for Non-Parents (SB 1598)- In short, this is a new statute that will allow parents to authorize a non-parent relative of a child to make certain decisions on behalf of the child. The non-parent relative must be a grandparent, adult sibling, or an adult aunt or uncle of the child. The agreement (which can be revoked at any time) will allow the non-parent to consent to medical, dental, psychological, and surgical treatment of the child, obtain insurance coverage for the child, and enroll the child in school or daycare (in the district where the non-parent resides). This agreement can be entered into by only one parent as long as the other parent receives written notice by mail at least 10 days before it’s signed. However, if the child is under the continuing jurisdiction of a court, the court must pre-approve the agreement.
4. Sibling Access – HB 1012 amends section 153.551(b) of the Family Code to give siblings (who were separated from the child by the Department of Family and Protective Services) the right to file a lawsuit to seek access to the child.
5. New Court in Harris County – Harris County will receive a new Domestic Violence Court to be headed by Judge Tony Lindsey. This court will be located in the Civil Courts Building and will hear all Protective Order matters not associated with a divorce filing.
Failed Bill - If you don’t appreciate the efforts of the Texas Family Law Foundation by now, you may find it interesting to know that HB 480 did not pass. This bill, which was highly opposed by the Foundation, would have required every Petitioner to take a 10 hour “Crises Marriage Education Course” before filing for divorce and suggested that Respondent’s do the same! Failure to take the course could have been considered by the court in dividing property, awarding custody (!), awarding spousal maintenance, and in determining whether to vary from the child support guidelines!
All changes will be effective September 1, 2009 and will apply to every case filed from that date forward. Cases filed before September 1, 2009 will not be affected by these changes.
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