Texas Family Law Insiders

Parental Rights Gain Ground in New Custody Laws


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Five years after the Texas Supreme Court’s landmark decision in In re C.J.C., the Texas legislature has made some big changes when it comes to parent vs. non-parent cases. Find out what every family law practitioner and parent needs to know about the changes to the law that took effect on September 1, 2025.


In this episode, Holly Draper, CEO and Managing Partner of The Draper Law Firm, unpacks sweeping legislative updates and landmark standards that are turning parent vs. non-parent custody litigation on its head in Texas.


You’ll discover…

  • The subtle statutory word change that could bar non-parents from ever filing suit.
  • Why affidavits will make or break non-parent custody cases—and what must be in them.
  • How the new “clear and convincing evidence” requirement raises the bar for non-parents seeking access.
  • What the fit parent presumption really means after this legislative session.
  • The strategy risks—and new hope—for parents and non-parents when agreeing to custody orders.
...more
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Texas Family Law InsidersBy Holly Draper

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