Changes to Practice Notes
Chapter 2Attorney Client Relationship and Communications
§ 2.8:7Health Insurance Portability and Accountability Act (HIPAA)
Case law surrounding Texas wiretap change was updated.
Chapter 3Divorce Pleadings
§ 3.36Reimbursement
Additions made to this section reflect changes to reimbursement claims.
§ 3.6Trial Before Associate Judge
This section was revised.
§ 3.62Assault
A section on joinder of interspousal tort claims was added.
Chapter 4Divorce–Temporary Restraining Orders and Temporary Orders
This chapter was substantially renumbered and includes additional information regarding temporary restraining orders and injunctions.
§ 4.1Temporary Restraining Orders and Temporary Injunctions Generally
This section was revised to reflect case law updates regarding the relationship of firearms to injunctive orders.
§ 4.9Requests for Temporary Orders
This section was revised to reflect Tex. Fam. Code § 6.502(a).
§ 4.10Mediation Prior to Temporary Hearing
This section was added.
Chapter 5Discovery
This chapter was substantially revised to reflect legislative changes made to required disclosures and requests for disclosures in suits filed under the Family Code on or after September 1, 2023.
§ 5.1Forms of Discovery Generally
Revisions were made to reflect the legislative changes around disclosure rules for suits filed under the Family Code.
§ 5.2Discovery Control Plan
Revisions were made to the discovery limitations discussion reflecting the legislative changes made to the discovery rules for suits filed under the Family Code.
§ 5.24Testifying and Consulting Experts
Revisions were made to the testifying experts sections reflecting the legislative changes made to the discovery rules around expert witnesses and testimony.
§ 5.41Requests for Disclosure—Claims Arising under Family Code on or after September 1, 2023, and Suits Filed before January 1, 2021
This section was added to provide guidance on legislative changes made to the discovery rules for suits filed under the Family Code.
§ 5.42Required Disclosures—Suits Filed Between January 1, 2023, and August 31, 2023, and All Suits Not Under the Family Code
This section was revised to provide guidance on legislative changes made to the discovery rules for suits filed under the Family Code.
§ 5.61Permitted Means of Discovery
Revisions were made to this section reflecting the legislative changes made to the discovery rules around designation of expert witnesses.
§ 5.62Designation of Experts
Revisions were made to this section reflecting the legislative changes made to the discovery rules around designation of expert witnesses.
§ 5.63Depositions
Revisions were made to reflect the legislative changes around disclosure rules for suits filed under the Family Code.
Chapter 7Inventory and Appraisement
§ 7.6On Appeal
Updates to case law surrounding appellate jurisdiction over inventory and appraisement.
Chapter 8Ancillary Motions and Proceedings
§ 8.65Abatement
This section was added.
§ 8.91Vexatious Litigants
This section was added.
Chapter 9Child Support
§ 9.24Intentional Unemployment or Underemployment
Additional information was added to the end of this section regarding court-ordered employment assistance programs.
§ 9.26Minimum Wage Presumed
This section was updated with new case law.
Chapter 13Court-Ordered Representatives
§ 13.4Discretionary Appointment of Representatives
Guidance on appointment of counsel for indigent parents was added to this section.
§ 13.6Rights, Powers, and Duties of Guardian At Litem
Guidance on child placement in residential treatment centers was added to this section.
Chapter 17Protective Orders
§ 17.5Contents of Application
Guidance regarding protective order application forms was added to this section.
§ 17.6Temporary Orders and Extraordinary Relief
This section was revised to include new emergency protection order prohibitions, including tracking or monitoring personal property.
§ 17.12Findings and Orders
This section was revised to reflect legislative updates to the findings requirements for protective orders.
Chapter 18Alternative Dispute Resolution and Informal Settlement
§ 18.3Arbitration and Mediation Agreements
A paragraph regarding the enforceability of agreements to arbitrate was added to this section.
Chapter 19Trial Proceedings
§ 19.10Motion for Additional Testimony
This section was added, and subsequent sections were renumbered accordingly.
Chapter 23Divorce–Decrees and Agreements Incident to Divorce
§ 23.9Spousal Maintenance and Contractual Alimony
Case law updates regarding trial court discretion and the definition of “custodian” were added to this section.
§ 23.10Attorney’s Fees
Case law updates added to this section.
§ 23.32Property-Settlement Agreement
Case law updates added to this section.
Chapter 24Closing Documents
§ 24.2General Requirements
The description of property section was revised.
§ 24.5Quitclaim Deed
This section was revised.
Chapter 25Employment and Retirement Benefits
§ 25.11Divisibility on Divorce
Case law regarding divorces granted by foreign courts was added to this section.
§ 25.55Payments to Alternate Payee
This section was updated to reflect legislative changes to the payment of segregated amounts to alternate payees.
Chapter 26Posttrial Proceedings and Appeals
§ 26.2Posttrial Proceedings
Guidance on motions for additional testimony was added to this section.
§ 26.8Relief Pending Appeal
Case law updates were added to this section.
§ 26.10Motion to Seal Court Documents
Case law updates were added to this section.
Chapter 27Mandamus
§ 27.11Alternative Dispute Resolution
The arbitration section was updated with new case law.
§ 27.17Continuance
Case law updates were added to this section.
§ 27.18Court-Ordered Representatives
Case law updates were added to this section.
§ 27.19De Novo Hearings
Case law updates were added to this section.
§ 27.26Jurisdiction
Case law updates were added to the discussion of jurisdictional conflict and subject-matter jurisdiction.
§ 27.32Refusal to Rule
Case law updates were added to this section.
§ 27.33Temporary Orders
Case law updates were added to this section.
§ 27.38Void Orders
Case law updates were added to this section.
§ 27.40Mandamus Generally
Case law updates were added to this section.
Chapter 31Enforcement–Property
§ 31.2Limitations
Case law updates were added to this section in the discussion on judgments.
Chapter 33Enforcement–Child Support
§ 33.12Limitations
Case law updates were added to this section.
§ 33.16Contents of Enforcement Order
Case law updates were added to this section.
§ 33.53Confirmation of Arrearages
Case law updates were added to this section.
§ 33.83Effect of Lien Notice; Duration and Effect of Lien
Case law updates were added to this section.
Chapter 40Original Suit Affecting Parent-Child Relationship
§ 40.3Who May Bring Suit
Case law updates were added to this section.
§ 40.11Managing Conservatorship
Case law updates were added to the discussion of parental presumptions in this section.
§ 40.12Possessory Conservatorship or Access to Child
Case law updates were added to this section.
§ 40.14Interview with Child
Case law updates were added to this section.
§ 40.19Child Custody Evaluation
Case law updates were added to the discussion of expert testimony in this section.
§ 40.27Permanent Injunctive Relief
Case law updates were added to this section.
Chapter 41Modification of Texas Orders
§ 41.3Pleadings
Case law updates were added to this section.
§ 41.9:4Presumptions in Modification Suits
Case law updates were added to this section.
Chapter 43Interstate Proceedings
§ 43.1UCCJEA Generally
Case law updates were added to this section.
§ 43.3Jurisdiction Prerequisites Generally
Case law updates were added to this section.
§ 43.4Home-State Jurisdiction
This section was revised to reflect legislative and case law updates.
§ 43.8Exclusive, Continuing Jurisdiction
Case law updates were added to this section.
§ 43.18Other Provisions of UCCJEA
Case law updates were added to the discussion on communication between courts in this section.
Chapter 44Grandparents and Other Nonparents
§ 44.1General Standing to File Original Suit
Case law updates were added to this section.
§ 44.11Sibling Access
Case law updates were added to this section.
§ 44.15Best Interest of Child
Case law updates were added to this section.
Chapter 50Termination
§ 50.3Indian Child Welfare Act
Substantial revisions were made to this section to reflect changes in the ICWA.
§ 50.7Paternity Registry
Case law updates were added to this section.
§ 50.33Appointments in Termination Suits Other than Suits by Governmental Entity
Case law updates were added to this section.
Chapter 54Parentage
§ 54.3Presumption of Parentage
Case law updates and revisions were added to this section.
§ 54.17Limitations
Case law updates were added to the discussion of contested parentage in this section.
Chapter 55International SAPCR Issues
§ 55.26Wrongful Removal or Retention; Rights of Custody; Rights of Access
Case law updates and revisions were added to this section.
Chapter 61Miscellaneous Litigation
§ 61.1Bill of Review
Case law updates were added to the discussion on pleadings in this section.
Chapter 63Property Agreements
§ 63.19Enforcement of Premarital Agreements
The discussion around declaratory judgements in this section was revised in accordance with case law developments.
§ 63.20Enforcement of Marital Property Agreements
Case law updates and revisions were added to this section.
§ 63.26Arbitration
Case law updates and revisions were added to this section.
Changes to Forms
Chapter 3Divorce Pleadings
Form 3-3Temporary Restraining Order and Order Setting Hearing for Temporary Orders
Section 1.A. (Conduct Restrained) was expanded to include tracking or monitoring as required by Tex. Fam. Code § 6.501(a)(27).
Form 3-4Notice of Hearing for Temporary Orders and Order to Appear
Section 1. (Temporary Injunction) was expanded to include tracking or monitoring as required by Tex. Fam. Code § 6.501(a)(27).
Chapter 4Divorce–Temporary Restraining Orders and Temporary Orders
Form 4-2Financial Information Statement
Alimony was changed to spousal support throughout.
Form 4-3Temporary Orders
This form includes commentary on the potential definition of “meaningful consultation” in the section rights and duties of the petitioner. The form also contains a new order for a coparenting website in section 4.E.4 and is expanded to include tracking or monitoring language, reflecting legislative updates.
Form 4-4Motion to Sign Temporary Orders
This form was revised.
Form 4-8Order on Motion for Counseling
The second paragraph was revised in accordance with Texas Family Code § 6.505.
Chapter 5Discovery
Several forms in this chapter were revised or added to comply with the significant legislative updates to the disclosure rules for suits falling under the Family Code. Several forms can now be tailored based on the filing date of the suit.
Form 5-2Agreed Order on Motion for Discovery Control Plan
This form was revised to reflect changes to the discovery rules surrounding requests for disclosure in suits under the Family Code.
Form 5-18[Petitioner/Respondent]’s Required Initial Disclosures
Header instructions were added to this form regarding new disclosure rules.
Form 5-19[Petitioner/Respondent]’s Required Testifying Expert Disclosures
Header instructions were added to this form regarding new disclosure rules.
Form 5-20[Petitioner/Respondent]’s Required Pretrial Disclosures
Header instructions were added to this form regarding new disclosure rules.
Form 5-21[Petitioner/Respondent]’s Request for Disclosure
This form was added.
Form 5-22[Petitioner/Respondent]’s Response to Requests for Disclosure
This form was added.
Form 5-81Motion for Court-Ordered Reports
This form was revised to reflect changes to the discovery rules surrounding requests for disclosure in suits under the Family Code.
Form 5-82Order on Motion for Court-Ordered Reports
This form was revised to reflect changes to the discovery rules surrounding requests for disclosure in suits under the Family Code.
Form 5-91Motion [to Compel Discovery/for Sanctions/to Compel Discovery and for Sanctions]
This form was revised to reflect changes to the discovery rules surrounding requests for disclosure in suits under the Family Code.
Form 5-92Order on Motion [to Compel Discovery/for Sanctions/to Compel Discovery and for Sanctions]
This form was revised to reflect changes to the discovery rules surrounding requests for disclosure in suits under the Family Code.
Chapter 17Protective Orders
Form 17-1An Application for a Protective Order
Sections of this form were revised to include “tracking or monitoring” language, reflected in Tex. Fam. Code § 85.022.
Form 17-2Temporary Ex Parte Protective Order [and Order Setting Hearing]
Sections of this form were revised to include “tracking or monitoring” language, reflected in Tex. Fam. Code § 85.022.
Form 17-3Final Protective Order
Header instructions were added to this form.
Chapter 19Trial Proceedings
Form 19-8Motion for Judge to Confer with Child
This form was revised.
Form 19-9Order on Motion for Judge to Confer with Child
This form was revised.
Form 19-10Motion to Permit Additional Testimony
This form was added.
Form 19-11Request for Jury Trial
This form was revised.
Form 19-14Motion in Limine
This form was revised.
Form 19-20Motion for Directed Verdict
This form was revised.
Chapter 23Divorce–Decrees and Agreements Incident to Divorce
Form 23-1Final Decree of Divorce
This form was revised.
Form 23-2Provisions Dealing with Sale of Residence
This form was revised.
Form 23-3Motion to Sign Decree of Divorce
This form was revised.
Form 23-6Agreement Incident to Divorce
This form was revised.
Chapter 25Employment and Retirement Benefits
Form 25-25Retirement Benefits Court Order [Thrift Saving Plan]
This form was revised/replaced.
Form 25-26Addendum to Retirement Benefits Court Order
This form was added.
Form 25-31Military Retirement Pension Division Order
This form was revised/replaced.
Chapter 26Posttrial Proceedings and Appeals
Form 26-7Motion for Temporary Orders Pending Appeal
This form was revised.
Form 26-9Request for Findings in Possession Order
This form was revised.
Form 26-12Notice of Past-Due [Findings of Fact and Conclusions of Law/Findings in Possession Order]
This form was revised.
Form 26-13Findings of Fact and Conclusions of Law
This form was revised and sections renumbered.
Form 26-14Request for Additional or Amended Findings of Fact and Conclusions of Law
This form was revised and sections renumbered.
Form 26-19Request to Court Reporter to Prepare Reporter’s Record
This form was revised.
Form 26-21Request for Clerk’s Record
This form was revised.
Chapter 27Mandamus
Form 27-1Petition for Writ of Mandamus
This form was reformatted to replace a previous version.
Form 27-2Mandamus Record
This new form, an addendum to form 27-1, replacing a Petition for Writ of Mandamus.
Form 27-3Verification of Mandamus Record
This new form, an addendum to form 27-1, replacing a Request for Clerk to Prepare Record.
Chapter 33Enforcement–Child Support
Form 33-7Order Holding Respondent in Contempt for Failure to Pay Child Support, Granting Judgment for Arrearages, and Suspending Commitment
This form was revised to include orders regarding employment assistance programs.
Form 33-51Petition for Suspension of License for Failure to [Pay Child Support/Comply with Subpoena]
This form was revised to include medical support and dental support arrearages as bases for suspension of license.
Form 33-55Order Suspending License [and Stay of Suspension]
This form was revised to include medical support and dental support arrearages as bases for suspension of license.
Chapter 43Interstate Proceedings
Form 43-2Respondent’s [Special Appearance[,]] [Plea to the Jurisdiction, Request for Court to Decline Jurisdiction,] and Original Answer
Instructions for tailoring this form based on jurisdiction contests were added.
Form 43-3Letter to Register Foreign Child Custody Determination
This form was revised.
Chapter 50Termination
Form 50-1Original Petition to Terminate Parent-Child Relationship
This form was revised with additions to, and renumbering of, the grounds for termination sections.
Form 50-2Order of Termination
This form was revised with additions to, and renumbering of, the grounds for termination sections.
Chapter 51Adoption of Child
Form 51-2Order Granting Adoption
This form was revised in section 2 (“Appearances”).
Chapter 52Combined Termination and Adoption of Stepchild
Form 52-1Original Petition for Termination and Adoption of Stepchild[ren]
This form was revised with additions to, and renumbering of, the grounds for termination sections.
Form 52-2Order Terminating Parental Rights and Granting Adoption of Stepchild[ren]
This form was revised in section 2 (“Appearances”) and received additions to, and renumbering of, the grounds for termination sections.
Chapter 53Ancillary Forms for Termination and Adoption
Form 53-18Waiver of Citation and Consent to Adoption by Managing Conservator
The second paragraph of this form was revised.
Form 53-25Affidavit Concerning Interstate Compact
The second paragraph of this form was revised to include an option for joint termination and adoption.
Form 53-29Request for Certified Copy
This form was revised to include an option for joint termination and adoption and consolidates two versions from the previous manual.
Form 53-30Request for Certified Copy
This request for certified copy was deleted and incorporated into form 53-29. Form 53-30 is now reserved for future expansion.
Form 53-23Motion to Dismiss
This form was revised.
Form 53-35Application for Paternity Registry Inquiry
This is a new PDF form from the Texas Department of State Health Services.
Chapter 56Miscellaneous SAPCR and Other Child-Related Forms
Form 56-24Order for Child Custody Evaluation
An additional order requiring recordings of child custody evaluator interviews was added to this form.
Chapter 62Annulment and Suit to Declare Marriage Void
Form 62-1Parent’s Original Petition to Annul Underage Marriage
This form was revised in section 7 (“Grounds”).
Form 62-2Original Petition to Annul Marriage
This form was revised in section 7 (“Grounds”).
Form 62-6Original Petition to Declare Marriage Void
This form was revised in section 7 (“Grounds”).