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Senate Bill 870 brings significant changes to how Texas courts manage family law cases. The law impacts areas such as custody enforcement, eligibility for modifications, and the timeline for hearings. It also expands access to evidence and requires courts to provide written explanations for certain decisions. If you are involved in a case or considering filing one, understanding how Senate Bill 870 affects the process is essential to protecting your rights and navigating the system effectively.
What Senate Bill 870 Covers
Senate Bill 870 affects multiple sections of the Texas Family Code. The bill modifies procedures in several types of cases, especially those involving:
- Parental rights and duties
- Conservatorship and access to children
- Enforcement of court orders
- Discovery obligations in family cases
- Termination of parental rights
The bill applies to suits filed after the effective date. It also impacts pending cases unless the change would cause unfair results. This means your current situation could be affected even if your case began before the bill passed.
Major Procedural Shifts You Should Know
Courts Must Enter Written Findings When Denying Requests
In cases where a party requests a restriction on access or conservatorship, judges must now provide written findings if they deny the request. These findings must explain the legal and factual reasons for denial. Before the bill, some judges made verbal rulings without offering detailed reasoning.
This rule adds transparency. It also helps parties decide if an appeal makes sense. If you request a specific restriction on the other parent and the court denies it, you’ll get a written explanation.
Faster Timelines for Hearings
The bill includes deadlines for setting certain hearings. For example, if someone files a motion for enforcement of a custody or visitation order, the hearing must be scheduled within 30 days. Courts must notify all parties of the date no later than 10 days before the hearing.
This change aims to prevent delays that often occur in custody enforcement cases. If your co-parent has violated a court order, you’ll have a quicker path to address it in court.
Broader Rights to Discovery in Parental Termination Cases
SB 870 allows broader discovery rights in suits seeking to terminate parental rights. The old rules gave the state wide access to documents and records while limiting what the accused parent could see. The new bill gives both sides equal discovery rights, including access to:
- Witness lists
- Exhibits
- Audio or video recordings
- Law enforcement records
If you’re facing termination proceedings, this change gives you more tools to defend yourself.
Restrictions on Who Can Request Custody Changes
The bill limits who can file for a change in custody. A person must have had actual care, control, and possession of the child for at least six months, ending no more than 90 days before filing the case. This rule blocks distant relatives or unrelated adults from stepping in without proper involvement.
This protects the rights of legal parents. It also reduces the number of custody fights started by people with limited connections to the child.
Standardized Language for Protective Orders
SB 870 updates the language courts must use in protective orders. It requires that all orders include a specific warning that violation of the order is a criminal offense and may lead to arrest. This helps all parties understand the seriousness of the court’s ruling.
If you’re seeking protection from abuse or stalking, this updated language strengthens enforcement. If you’re the subject of a protective order, you’ll know exactly what’s prohibited and the penalties for violations.
Specific Impact on Family Law Scenarios
Child Custody and Visitation
Parents in ongoing custody disputes should take note of two key areas:
- Faster enforcement: If your co-parent violates the visitation schedule, you can now count on faster court action. The bill helps reduce delays that previously left parents without support.
- Clear explanations for rulings: If the court grants or denies a conservatorship request, you will receive written findings. These documents clarify the court’s reasoning and help you decide if you want to file an appeal or request a modification.
Divorce Cases
If your divorce involves child custody or spousal maintenance, SB 870 may affect:
- How quickly hearings are scheduled
- The documents you can request during discovery
- The explanations courts must give for rulings on parenting plans
This helps both sides prepare their cases with greater clarity.
Termination of Parental Rights
This is one of the most serious outcomes in family law. SB 870 offers stronger protections for accused parents. You now have broader rights to access the evidence the state plans to use.
For example, if the state uses video surveillance or police reports, your attorney can demand access to those materials. You can better respond to claims made against you and defend your parental rights more effectively.
Modifications to Existing Orders
If someone files a motion to modify your current custody order, the court will first evaluate if the person filing has enough recent involvement in the child’s life. This prevents legal action by people who no longer play an active role.
It also reduces court time spent on frivolous requests. If your custody arrangement is stable, this change reduces the chance of unnecessary disruptions.
Legal Strategy Tips for Dealing With SB 870 Changes
1. Stay Informed
Ask your lawyer if the new rules apply to your current case. Even if you filed before the law took effect, the court may apply the updated procedures.
2. Keep Detailed Records
Since enforcement hearings will happen faster, maintain records of any violations. That includes texts, emails, missed exchanges, or police reports. Courts now move quickly, so you need your evidence ready.
3. Review Your Protective Orders
If you’re under a protective order or have one in place against another party, check the updated language. Make sure everyone understands what actions are banned and what happens if someone violates the order.
4. Prepare for Written Rulings
When requesting a custody modification or restriction, prepare strong arguments. The judge must now explain denials in writing. That gives your legal team a better shot at building a case for appeal or future modifications.
Who Needs to Pay Attention to Senate Bill 870?
Divorced or Divorcing Parents
You should understand how your existing parenting plan may change. Court processes may now move faster and require better evidence.
Grandparents and Other Relatives
If you’re seeking custody, you need to show recent, active involvement with the child. The six-month rule now controls who qualifies to file for conservatorship.
Parents Facing Termination
You have stronger rights to defend yourself. Make sure your attorney files discovery requests early to collect all possible evidence.
Victims of Domestic Abuse
The new protective order format gives better clarity. It also helps law enforcement act quickly when violations occur.
Final Thoughts
Senate Bill 870 reshapes how Texas addresses key family law matters. It accelerates enforcement actions, enhances fairness in termination cases, and increases accountability in court rulings. If you are facing a custody dispute, seeking a modification, or involved in a termination case, it is crucial to reassess your legal strategy now.
By understanding these updates and adjusting your approach early, you can better protect your rights and improve your chances of a favorable outcome under Senate Bill 870.
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