Litigation Update: 2025 Family Law Reforms in Texas

Melinda sits down with Duffee + Eitzen associate attorney, Devin Kerns, who breaks down the most important 2025 updates to Texas family law. The changes impact child support, protective orders, non-parent rights, and enforcement provisions—each reshaping how courts prioritize safety, parental authority, and long-term family outcomes.

About the Guest

Devin Kerns is an associate attorney at Duffee + Eitzen in Dallas, TX.

Child Support

• The net resources cap for child support has increased from $9,200 to $11,700 per month, reflecting a 27% rise.
• The standard calculation remains: 20% of the paying parent’s monthly income for one child.
• Parents can still negotiate individual child support agreements, but those exist alongside the statutory increase.
• The Texas Attorney General’s Office continues to review child support cases at no cost.

Protective Orders

• A Protective Order (PO) now takes legal priority over any custody or divorce decree in place.
• SAPOs (Stalking/Abuse Protective Orders) automatically last two years.
• The showing that violence was likely to recur is still no longer required.
• Transfers to divorce court are now mandatory (previously discretionary) unless the court determines that doing so would endanger the protected party’s safety.

Non-Parent Rights

• The definition of “non-parent” includes stepparents, grandparents, aunts, uncles, and other non-biological or non-adoptive caregivers.
• Texas has tightened the standard for non-parent standing in custody or access cases.
• Previously, standing required actual care, control, or possession of a child for at least six months.
• The new statute replaces “actual” with “exclusive,” although this term is undefined by the statue.
• The stepparent statute granting standing after the death of a biological parent has been completely repealed.

Fit Parent Presumption

• The fit parent presumption now carries stronger legal protection for biological and adoptive parents.
• Courts require clear and convincing evidence to override parental rights, now clarifying the application burden of proof.
• Non-parents cannot overcome this presumption by referencing prior agreed orders or informal arrangements.
• This shift reinforces that parental autonomy and decision-making remain the court’s priority unless substantial evidence shows otherwise.

Enforcements

• A new “Three Strikes” provision increases accountability for repeated violations of court orders.
• After three prior contempt findings for violating a possession or access order, the fourth violation:
  • Constitutes a material and substantial change, providing grounds for modification, and
  • Requires commitment to jail.
• In effect, four deliberate violations of a court order now lead to incarceration.

Quotes from the Discussion

“Litigating in a family is very different than litigating between two business partners.”

— Devin Kerns, Associate Attorney, Duffee + Eitzen

“The court is not interested in getting into the personal decision-making of a parent.”

— Devin Kerns, Associate Attorney, Duffee + Eitzen

In this episode, Melinda Eitzen sits down with probate and estate planning attorney David Pyke to explore the crucial intersection between family law and estate planning. From prenuptial agreements to wills, powers of attorney, and post-divorce updates, they discuss how proactive planning can protect your assets, your family, and your future.

About Guest:

David Pyke is a probate and estate attorney at Pyke & Associates in Dallas, TX. To contact David visit their website at dallasprobatelaw.com.

Main Takeaways

• Prenups and postnups (marital property agreements) help define ownership and prevent conflicts between estate and divorce outcomes.
• Having a will isn’t enough—without a marital property agreement, assets acquired during marriage are presumed community property.
• Record keeping matters: keep digital copies of financial statements as proof of separate assets.
• After divorce: always update your will and beneficiaries—divorce automatically voids gifts in a will.
• Trusts and powers of attorney are essential tools for complex estates or when planning for incapacity.
• Review your estate documents every five years or after major life changes like death, divorce, or incapacity.

Quotes from the Episode

“All marriages end—either in death or divorce—and the legal ramifications are the same. So, do you have rules?” – David Pyke
“Community property with your name on it means nothing.” – David Pyke
“It’s never fine to do nothing, because the law says divorce voids any gift in a will.” – David Pyke
“If someone says there’s a way to avoid income taxes, fold up your pocketbook and run.” – David Pyke

What does it really mean to pursue a true collaborative divorce? In this episode, Melinda sits down with fellow collaborative law attorney, Lisa Marquis, to break down the difference between simply having an “agreeable divorce” and engaging in Big C Collaborative Law—a structured process that puts families, not the courthouse, at the center of resolution.

We cover:

• Why collaborative law is different from litigation (and why it’s not just “amicable divorce”).

• The benefits: more control over timing, privacy, creativity in solutions, and often lower financial and emotional costs.

• The role of neutral professionals—financial and mental health experts who guide families without taking sides.

• Common myths, including how collaboration can still work when challenges like substance abuse or mental health issues are present (with treatment in place).

• When collaboration is not appropriate, including situations involving domestic violence or active protective orders.

At its core, collaborative divorce is about helping people who don’t agree—but want to. It’s a path toward peace of mind, healthier dynamics, and solutions tailored to your family’s unique needs.

Quotes:
“Collaborative is a process for people who do not agree but want to” - Melinda Eitzen

“It is a process for people who do not agree and have a desire to do what is best for their family and need a little help” - Lisa Marquis

"The power of the neutral voice" - Melinda Eitzen

"People who cannot collaborate, are if they are crazy, actually crazy; not divorce crazy because we all feel a little crazy when divorcing." - Melinda Eitzen

Melinda sits down with child therapist Dr. Dean Beckloff. They discuss the benefits of play, art, and activity-based therapies at different developmental stages, when it should be considered and why early intervention can make a lasting impact. The conversation covers everything from emotional regulation in parents, to recognizing signs a child may need support, to navigating the “loyalty bind”. Don’t miss this and more on this Episode of The Melinda Eitzen Show.

Listen on your favorite podcast platform or watch on YouTube.
Contact Dr.Dean at www.drbeckloff.com or call (972) 250-1700

#FamilyLaw #ChildCounseling #MelindaEitzenShow #DivorceSupport

Melinda talks to Laura Roach, a fellow family law attorney, about substance use and abuse and how it affects family law cases. It’s not uncommon for family law cases to involve some kind of substance abuse whether its alcohol or drugs to even gambling and shopping, addiction will affect law cases. Laura Roach is a DFW family law attorney who opens up about her own struggle with alcoholism and the realities those who struggle face. They dive into the misconceptions about being active in addiction while dealing with family law cases and discuss a better path forward. All of this and more on this episode of the Melinda Eitzen show

About the Guest

Laura Roach is a family law attorney in Frisco, TX. To find out more and hire or contact Laura, email lroach@mccathernlaw.com.

Key Takeaways About Substance abuse and family law

● Substance abuse—whether drugs, alcohol, gambling, or compulsive behaviors—is common in family law cases.

● Ego and denial can prevent people from getting help, often worsening legal consequences.

● Judges respect honesty. Having a recovery plan in place can influence custody and court decisions positively.

● Addiction doesn’t go away on its own, its progressive and requires intervention.

● Recovery and being a good parent can happen at the same time.

● Therapy helps. Always.

Notable Quotes About Substance Abuse and Family law

“Some kind of addiction of some sort, alcohol, drugs, sex, shopping, gambling, those are all pretty relevant in most family law cases” - Laura Roach

“it's humility, you have to be humble and accept that you have a problem” -Laura Roach

“I was raised, you can fix any problem, you can do this, don’t depend on anybody else, don't do all that, but that is actually a liability “- Laura Roach

“Break the delusion. If you go to court, in that delusion, the judges are going to see right through you.” -Laura Roach

“Judges will forgive anything if you take personal responsibility and are on a path to solve the problem. You get to be a parent while in active recovery—not in denial.”

“Addiction is the only disease that kills you and tells you that you don’t have it.” -Laura Roach

“Values, thoughts, and actions in alignment equal happiness.” – Socrates”-Laura Roach

“Therapy can help everyone.” -Laura Roach

“You get to be an active and good parent while in recovery, but they do not like it when you’re in denial”

In this episode, Melinda sits down with Dallas family law attorney Lee Budner to break down the discovery and deposition process in family law. They explore how discovery is used to gather evidence, build arguments, and prepare for trial and when depositions are helpful versus harmful. Lee shares his experience with using depositions not just to collect information but to expose inconsistencies, understand complex issues, and sometimes even shift the dynamic in a case. He also discusses when depositions can backfire and how attorneys must strategically decide whether or not to pursue them. All of this and more on this episode of the Melinda Eitzen show!

About the Guest
Lee Budner is a family law attorney in Dallas, TX. To find out more and hire Lee email lee@calabresebudner.com or call (214) 939-3000.

Key Takeaways About Deposition and Discovery
● Discovery is the overall process of gathering facts and evidence to prepare for trial or settlement.
● Depositions are one part of discovery, where parties or witnesses are questioned under oath—often for hours.
● Depositions aren’t necessary in every case. They’re helpful in litigation but may complicate or polarize settlement negotiations.
● In family law, truthfulness is rare and hard to maintain, making depositions useful in revealing dishonesty.
● There’s no “winning” a deposition, don’t complicate it, comply with the process.
● Video-recording depositions is crucial for capturing body language and tone not visible in transcripts.
● Depositions can be effective on third parties, witnesses, or experts for gaining additional understanding.
● A key benefit? You may uncover unexpected information. But the risk? You may also prepare the other side to be stronger at trial.

Notable Quotes About Navigating Discovery and Depositions
“Depositions are a time to pin people down on their lies and get to expose them.” -Lee Budner

“There’s no winning in depositions.” -Lee Rudner

“Plus—you might find some gems. Minus—you might be helping them prepare for the next phase.” -Melinda Eitzen

“There is no substituting human connection” -Melinda Eitzen

New Episode Summary
Melinda talks to Jeanne Huey, ethics attorney, about ethics in divorce law. Ethics in law are complicated, and ethics in divorce law are even more complicated. Divorce attorneys have many ethical duties to their clients, to the court, to third parties, and even to the other side of the case! It can be hard to know what the ethical thing to do is in every situation. Jeanne Huey is an attorney who specializes in defending attorneys accused of ethical violations. She spoke
with Melinda about common mistakes and misunderstandings people may have about ethics in divorce law.

About the Guest
Jeanne Huey is an ethics attorney with Hunt Huey PLLC. To find out more and to hire Jeanne, go to hunthuey.com.

Key Takeaways About Ethics in Divorce Law
● Attorneys have ethical duties to more than just their clients.
● The most common complaint about lawyers from clients is lack of communication.
● Your duties to your client do not extend to violating ethics rules at their direction.
● Fulfilling your ethical duties is in part about appropriately setting expectations at the beginning of a case.

Notable Quotes About Ethics in Divorce Law
“Lawyers forget that the court has a duty to report ethics violations that are egregious. And even if the court sanctions you, the disciplinary counsel (that’s the state bar’s lawyers who handle grievances) can still bring a charge.” – Jeanne Huey

“It is very hard for anyone to refute what happened in a meeting when you send that follow up email.” – Jeanne Huey

“The client sets the goals. They determine the goal of their case. . . But the means to accomplish the goal is what they are paying you to decide.” – Jeanne Huey

“Your job is not to do whatever the client tells you. Your job is to do what is in the client’s best interest.” – Jeanne Huey

Associated Facebook/LinkedIn Post
Melinda talks with Jeanne Huey, ethics attorney, about ethics in divorce law. Watch now or listen on your favorite podcast platform.

YouTube/Transistor Content

New Episode Summary
Melinda talks to Keri Riggs, licensed professional counselor, about how to navigate major life transitions. From time to time, we all go through major life transitions. Whether it’s marriage, divorce, a move, getting a job, losing a job, a medical emergency, or the loss of a loved one, change can be a very difficult thing to deal with. Keri Riggs is a licensed professional counselor who specializes in helping people navigate precisely these kinds of major life transitions. She sat down with Melinda to discuss the key principles of how to make change less scary. All this and more on this episode of the Melinda Eitzen Show.

About the Guest
Keri Riggs is a licensed professional counselor in Richardson, TX. To find out more and to hire Keri, go to keririggs.com.
Key Takeaways About Navigating Life Transitions

● Major life transitions happen to everyone. They are inevitable.
● Major life transitions can be positive or negative, but they are all difficult.
● Transitions generally involve three stages: the ending of the old, the messy middle, and the new beginning.
● All three stages are important and you have to go through them in order.
● Every major life transition is easier when you have support from other people.

Notable Quotes About Navigating Life Transitions
“When life hands us something that we maybe didn’t expect, it can create a lot of anxiety, it can create a sense of not being in control.” – Keri Riggs

“It’s having people notice that they’re telling themselves probably the worst version of the story, forgetting that they have the ability to author their own story.” – Keri Riggs
“How we deal with each of those different kinds of transitions makes a difference in how we get through them.”– Keri Riggs

“In the neutral zone, which we call the ‘Messy Middle,’ (because it is messy), what you have left behind is what’s familiar, and you don’t know yet what the new is going to be; you have to pull back, sit back, and you can’t really rush that.” – Keri Riggs

Associated Facebook/LinkedIn Post
Melinda talks to Keri Riggs, licensed professional counselor, about how to navigate major life transitions. Watch now or listen on your favorite podcast platform.