2011 New Legislation

1. Mistaken Paternity Now Reversible--and NOW IN EFFECT.

TEXAS PATERNITY FRAUD LAW SIGNED BY GOVERNOR PERRY

Senate Bill 785, the bill that gives redress to men who have erroneously been found to be the father of a child, was signed into law by Texas Governor Rick Perry on May 12th , and is effective immediately.

SB785 has been referred to as the law that addresses "Paternity Fraud", where typically a man was pressured into admitting he was father of a child but without genetic testing when in fact he is not the father. Prior law barred such a man who was found (or adjudicated) to be the father from ever again challenging his paternity, or his duty to pay child support, even if the mother of the child flaunted the fact that the man was not the father of the child.

"Before this law became effective in May, 2011,  a man who demonstrably was not the father of a child could not legally be excused from his obligation to pay child support for that child that, in fact, was not his child," said Ken Raggio, a Dallas attorney who testified for SB785 before the Senate Judiciary Committee on behalf of the Texas Family Law Foundation on March 8th.  "Once the 'non-paternity' of the 'previous father' has been determined, the new law allows the mother to pursue the 'real' father of the child, and the law is sensitive to any relationship that the newly-adjudicated 'non-father' has with the child."

Technically, SB 785 amends the Texas Family Code Sections 154.006 and 161.005.

Senate Bill 785 was sponsored by Senator Chris Harris from Arlington, and was a bill endorsed by the Family Law Section of the State Bar of Texas and by the Texas Family Law Foundation.

The text of SB 785 is at:

http://www.legis.state.tx.us/billlookup/text.aspx?LegSess=82R&Bill=SB785

The remarks of Ken Raggio to the Senate Judiciary Committee are here that explain more  about the working of SB785

Senate Bill 785 recognizes that technological changes required a serious reconsideration of public policy in paternity situations.

Thenew law provides a limited remedy for a man whose paternity regarding a child has been previously established, but who later discovers a reason to doubt the truth of his paternity, to raise a challenge in court.  A man in that situation will have one-year after he discovers the doubts as to paternity to file the challenge in the court that determined the paternity.  After filing his challenge, he can request DNA testing be conducted.  If the DNA test results exclude him as the father, the court must terminate his rights to the child as well as any obligation to pay child support. The law does not allow the man to challege the payment of child support while he thought he was the father -- what's done is done, according to the new law.

For fathers who currently have a reasonable doubt as to their paternity, the law allows one year from the effective date of the law, May 12, 2011, to raise his challelnge

2. Fraud on the Community. This new law really gives clear authority to a judge that he/she can do more than just "wring his hands" when a spouse has decimated the community estatae througheveil acts or fraud. Can now actually chase the missing money or property with much more vigor. The text of the bill is here: HB 908.

3. Spousal Maintenance. Major Change.As shown on this Chart, the possible term of spousal maintenance has more that tripled and monthly potential amount has doubled.

3 House Bill 841 by Rep. Senfronia Thompson (D-Houston) and Sen. Chris Harris (R-Arlington) merely corrects references in the Family Code by changing to the “Department of Family and Protective Services” the name of the agency formerly known as the "Department of Protective and Regulatory Services."

4. Hearsay Statements of a Child Victim of Family Violence.

Effective Sept 1, 2011

HB 905 amends the Family Code to provide:

Sec. 84.006. HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE. In a hearing on an application for a protective order, a statement made by a child 12 years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child’s statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.

5. SB 820 amends Sec. 154.254 of the Family Code and sets out factors that the Court should consider when establishing a possession schedule for children under three, whicle still intending to migrate to the standard possessionorder at age three.

6. HB 906 deals with the representation of indigents in parent-child relationship cases.

 In summary, these are the bills already signed:

  • HB 841 - State agency name updated to DFPS - effective immediately
  • HB 905 - Admissibility of child hearsay - effective September 1, 2011
  • HB 906 - Indigent client appeals in SAPCRs - effective September 1, 2011
  • HB 1404 - Military deployments and kids - effective September 1, 2011
  • SB 820 - Possession of very young kids - effective September 1, 2011 Specifiies what the Court's have already been considering when they makes orders for the possession of kids under three before applying the Standard PossessionOrder at age 3.

The following four bills went into effect without the Governorhis signature. Those bills and their effective dates are:

  • HB 901 -Spousal Maintenance MAJOR CHANGES!!! - effective September 1, 2011 See Chart summarizing changes.
  • HB 908 - Remedy for fraud on the community - effective September 1, 2011
  • SB 789 - Extended protective orders - effective September 1, 2011
  • SB 819 - Dating/family violence protective orders - effective September 1, 2011

[More to Come]7/16/11