The Texas Family Code

Family law—like criminal law and education—is a body of law that primarily falls under state jurisdiction. While there are some exceptions to this, for the most part, state courts are the ones who deal with the majority of these matters. Because of this, guidelines can sometimes vary from state to state, and in Texas, the statutory rules that govern the family can be found under the Texas Family Code.

Understanding Statutory Law

When deciding a case, courts will apply a combination of two different types of law to determine an outcome. One is called common law, which is comprised of the various verdicts made by other courts in similar situations and jurisdictions. The second type is called statutory law, and these are the formal rules and regulations laid down by legislative bodies in state and federal governments.

The Texas Family Code is one such body of statutory law, and it contains all the formal rules that govern family law in Texas. Family law is quite broad, and as such, the Family Code covers quite a large range of topics—including marriage and divorce, children, domestic violence, and even the juvenile justice system.

Overview of the Texas Family Code

Broken into sections, the Texas Family Code's five main topics are: The Marriage Relationship; Children in Relation to the Family; Juvenile Justice Code; Protective Orders and Family Violence; and The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship.

Title 1: The Marriage Relationship

Under this section, people can expect to find topics related to pretty much every aspect relating to the contractual act of marriage. This includes marriage licensing, proof, validity, and the legal requirements to get married, as well as divorce, the division of property, liabilities of the individuals post-marriage, and much more. Title 1 also includes provisions regarding Texas's status as a common-law marriage state. It's also important to note that same-sex marriage has been legal in Texas since 2015.

Title 2: Children in Relation to the Family

In this section, Texas legislators set out to define the limitations of minors, as well as parental responsibilities to their children in a family setting, including holding them accountable for the medical and psychological health of their offspring. Title 2 also addresses immunizations, name changing, and abortion.

Title 3: Juvenile Justice Code

Here, in Title 3, is one area where the family code crosses over with criminal law, and this is where provisions relating to the juvenile court system can be found. These sections largely focus on the technicalities of criminal proceedings involving minors, including jurisdictional requirements, types of crimes, age requirements, appeals, and appointing a guardian ad litem.

Title 4: Protective Orders and Family Violence

Title 4 is another area that shares space with criminal law. Since the 1960's feminist movements brought domestic violence to the forefront of political discussion, today every state in the union now has some form of criminal punishment attached to family violence. Title 4 is Texas's response to these issues, addressing a broad range of domestic violence-related areas, including applicability, protective orders, and law enforcement response.

Title 5: The Parent-Child Relationship

While Title 2 of the Texas Family code largely deals with parental responsibilities toward their children in a general sense, Title 5 differs in that it focuses specifically on the lawsuits affecting the parent-child relationship. A large portion of legal proceedings involving children relate to divorce, so that is what takes up the bulk of this section, with chapters that cover child support, custody arrangements, care responsibilities, conservatorship rights, as well as health and education when dealing with children of split households.

Texas Family Code Attorneys

As with other bodies of law, the Texas Family Code is constantly changing in order to keep on top of the growing number of issues related to the family. If you or a loved one have questions about how these codes can help in your situation or want to speak to someone about a different family law related issue, don't hesitate to reach out. Call us today at (972) 436-8000, or schedule a consultation online, and let our team of experienced family law attorneys help your family wherever we can.