Custody & support
Laws on child custody and parenting time, child support, paternity and spousal support (alimony): custody standards and presumptions (including joint or equal shared parenting), parenting-time enforcement and relocation, how child support is calculated, when it starts and ends (including retroactive support and support from conception), enforcement and penalties for unpaid support, establishing or disestablishing paternity (including genetic testing and paternity fraud), alimony amount, duration and termination, domestic-violence or abuse findings that change custody or parenting time, and custody or visitation claims by grandparents, other relatives, nonparents or additional legal parents. Not: child-welfare cases brought by the state (child-protective investigations, foster care, removals, reunification, state-filed termination of parental rights, and procedures, reports or lawyers in those cases); adoption; visitation of prison inmates; police, jail or interrogation rules; divorce grounds, waiting periods, property division and records that do not change custody, child support or alimony; tax credits; protective orders or criminal domestic-violence penalties that do not change custody or parenting time; marriage rules; guardianship of adults; inheritance; or administration of the child-support agency with no change for parents.
Direction is measured against: the rights of the parent who pays support or has less custody, against the obligations placed on that parent. ↑ Expands moves it up, ↓ Restricts moves it down.
New laws, last 12 months
2 restricts2 mixed9 no changeBills in play now
9 restricts4 no changeThis week
9 bills with new action · 9 newly filed.
4 restricts4 no changeFurthest along first.
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Relating to the best interest of the child in a suit affecting the parent-child relationship.
AI summary Clarifies that the best interest of the child is the primary consideration in suits affecting the parent-child relationship filed by a governmental entity under Subtitle E (child welfare cases), but this is explicitly out of scope for the custody-support topic.
No change to rights of the paying or noncustodial parentcustody parenting time, otherStage: Filed Nov 10: Filed -
Relating to the criminal offense of interference with child custody.
AI summary Extends the offense of interference with child custody to custodial parents (by deleting 'noncustodial' and 'custodial' qualifiers), so a custodial parent can now be prosecuted for preventing the other parent's access, which protects the less-custodial parent's rights.
custody parenting timeStage: Filed Nov 9: Filed -
Relating to a suit for dissolution of a marriage and associated suit affecting the parent-child relationship when a party is pregnant.
AI summary Allows a divorce decree to be granted while a party is pregnant and requires or allows a joined SAPCR for the unborn child, enabling earlier establishment of custody, parenting time and related orders for the child upon birth.
custody parenting timeRestricts rights of the paying or noncustodial parentchild supportNo change to rights of the paying or noncustodial parentpaternityStage: Filed Nov 9: Filed -
Relating to the authority of a court or the Title IV-D agency to order the suspension of an individual's driver's license or motor vehicle registration for failure to pay delinquent child support.
AI summary Removes the ability of courts or the Title IV-D agency to suspend a driver's license or motor vehicle registration for failure to pay delinquent child support, so less enforcement of unpaid support.
support enforcementStage: Filed Nov 9: Filed -
Relating to the consideration of family violence and coercive control in determining conservatorship and possession of and access to a child.
AI summary Creates a rebuttable presumption against appointing a parent who committed family violence (including coercive control) as managing conservator or granting them possession/access to the child, and requires a higher burden of proof to rebut it, so more obligations and fewer rights for the parent who,
Restricts rights of the paying or noncustodial parentdomestic violence custody, custody parenting timeStage: Filed Nov 9: Filed -
Relating to searches of the state registry of paternity.
AI summary Removes the word 'on' from the deadline for furnishing search results of the paternity registry, which has no substantive effect on paternity establishment, disestablishment or related rights.
No change to rights of the paying or noncustodial parentpaternityStage: Filed Nov 9: Filed
By state
Colour and arrow show the direction most bills in that state move (those still in play, else all). The number is bills tracked.
| Jurisdiction | Bills | Direction |
|---|---|---|
| Texas | 62 | 21 restricts2 mixed21 no change |
| New York | 48 | 18 restricts6 mixed12 no change |
| Virginia | 20 | 6 restricts2 mixed8 no change |
| California | 10 | 5 restricts2 no change |
| Florida | 10 | 7 restricts1 mixed1 no change |
| Federal | 3 | 3 restricts |
Subtopics
- custody parenting time 76
- child support 57
- other 36
- paternity 24
- domestic violence custody 24
- support enforcement 18
- alimony 12