713-333-4430How SB 1559 and SB 1398 Will Affect Houston Divorce and Custody Cases
Texas legislators recently passed two bills that are likely to have a significant impact on family law cases across the state, highlighting the importance of working with a Texas family law attorney who is able to adapt and adjust to changes in state law.
Although these bills both went into effect September 1, 2025, they affect different types of family law cases. No matter where you are in your family law case, these newly-passed bills could change the outcome of your case. That’s where we step in. At Boudreaux Hunter & Associates, we advocate for our clients’ rights to help them rebuild. Attorney Shannon L. Boudreaux has spent more than twenty years helping clients navigate complex family law matters, negotiating when possible but always being prepared to take a case to trial if necessary. Call us at 713-333-4430 to schedule a consultation with our family law firm now.
SB 1559: Protective Orders Take Priority
Senate Bill 1559 was drafted to address conflicts between protective orders and other court orders. Before SB 1559, an individual who needed a protective order because of domestic violence needed to seek it outside of their ongoing family law proceedings. As a result, victims of domestic abuse who were trying to divorce their abuser had to put in extra time and energy to navigate their legal issues. Additionally, keeping protective orders and family law proceedings separate made it difficult for judges to understand exactly what dangers victims faced. This disparity could lead to rulings that unfairly favored the abusive party.
Now, this new law requires that protective orders involving domestic violence be transferred into the existing proceedings for the involved parties—unless doing so would put the victim in further danger. The judge for your case will have access to the details of your protective order, which makes it easier for them to make choices that keep victims safe. Family lawyers hope that this change will lead to safer outcomes in years to come.
SB 1398: New Rules for Child Welfare and Placement
Senate Bill 1398 affects family law cases involving the Texas Department of Family and Protective Services. These cases typically involve children who have been temporarily removed from their parents’ care due to alleged abuse or neglect. At our family law firm, we have helped parents who have temporarily lost custody due to allegations of abuse or neglect improve their situation. Many families have proven to DFPS that they are ready and capable to get their children back. With SB 1398, the state is required to place children with relatives whenever possible. The goal is to keep children with family, or at least in their local community where they have connections and support. This law emphasizes the importance of reuniting families and keeping them together whenever it is safe and possible to do so.
If you have had your child placed with a foster carer per order of DFPS, this law may open up new ways for you to seek custody and reunification. The courts will look at DFPS documentation for proof that they took steps to reunify if possible.
How This Affects Houston Cases
Depending on what type of family law case you have, where you are in your case, and your specific worries, these laws may completely change your case—or they may have no impact. It’s crucial to discuss your concerns with your family law lawyer to figure out if you’ll need to change your strategy or expect different outcomes as a result of recent legislative changes.
If you have an experienced family law attorney that you trust, you can feel confident that they will already be familiar with these changes and know how they may affect your current legal needs. For example, if you’ve struggled to limit contact with an abusive ex due to a custody order that forces face-to-face drop-offs in unsafe locations, this law could help you use your protective order to further protect yourself and limit direct contact.
Let’s Discuss Your Options Now
At Boudreaux Hunter & Associates, we know how important it is to stay fully briefed on all new and potential legislative changes. To discuss your family law needs in greater detail, set up a consultation now. Call us at 713-333-4430 or send us a message online to get started.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
