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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
HB2350

Regular Session

Relating to standing in a suit affecting the parent-child relationship.

Government Affairs & Regulatory Compliance Analysis

HB2350: Government Affairs Overview

HB2350 fundamentally alters the threshold for standing in Texas family law cases by restricting non-relative intervention rights while expanding relative standing. The law grants parents a "veto power" over non-relatives (such as long-term caregivers or fictive kin) seeking to intervene in custody suits, requiring explicit parental consent, while simultaneously expanding the class of relatives eligible to file an original suit from the third degree to the fourth degree of consanguinity (first cousins).

Rep. Harold Dutton·House Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01

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HB2350
Relating to standing in a suit affecting the parent-child relationship.
Moderate Urgency
Unanimous Passage
House Vote140 - 0
YEA
100% in favor140 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
DFPSTexas Family Courts
Primary Author: Rep. Harold Dutton
89th Texas Legislature
jdkey.com
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Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: August 31, 2025 (Last day to file suits under current, more permissive standing rules for non-relatives).
  • Agency Rulemaking: No formal agency rulemaking is required; however, the Department of Family and Protective Services (DFPS) will likely update internal policy handbooks regarding kinship placement options to align with the "fourth degree" expansion by Q4 2025.

Immediate Action Plan

  • Audit Pending Files: Immediately review all active files representing non-relatives (step-parents, nannies, fictive kin). If their standing relies on "substantial past contact" without parental consent, file the petition before September 1, 2025.
  • Update Intake Matrix: Revise firm-wide intake questionnaires to include "First Cousin" and "Great-Aunt/Uncle" as eligible parties for original suits.
  • Draft Consent Templates: Prepare the "Affidavit of Consent" immediately for future use by non-relative clients.
  • Client Advisory: Send a targeted alert to foster-to-adopt clients and private caregivers warning them that the "substantial past contact" safety net is being removed.

Operational Changes Required

Contracts

  • Retainer Agreements: Update engagement letters for family law clients to explicitly disclaim guarantees regarding standing, particularly for non-relative caregivers.
  • Settlement Agreements: For ongoing litigation involving non-relatives, finalize and file all Orders or Mediated Settlement Agreements (MSAs) before September 1, 2025. If a case is refiled or modified after this date, the non-relative may lose standing.

Hiring/Training

  • Intake Staff Training: Train legal intake teams on the new "Fourth Degree" standard. They must now screen for first cousins and great-aunts/uncles as viable petitioners, whereas previously these were rejected.
  • Litigation Strategy: Attorneys must be trained to secure "Affidavits of Consent" from parents *before* filing motions to intervene for non-relatives, as this is now a jurisdictional prerequisite.

Reporting & Record-Keeping

  • Genealogical Documentation: Intake protocols must require deeper documentation of lineage (birth/death certificates) to prove the fourth degree of consanguinity.
  • New Forms: Create a standardized "Affidavit of Consent to Intervention" for biological parents to sign. Without this executed document, a non-relative motion to intervene under Section 102.004(b-2) is legally defective.

Fees & Costs

  • Diligence Costs: Anticipate increased costs associated with locating and serving extended family members (up to the 4th degree) in contested custody matters.
  • No New State Fees: The bill does not impose new filing fees.

Strategic Ambiguities & Considerations

  • "Each Parent" Requirement: Section 102.004(b-2) requires that "each parent consents" for a non-relative to intervene. The statute does not explicitly define how this applies if one parent is deceased, missing, or has had rights terminated. Until appellate courts clarify, firms should assume consent is required from every living parent with retained rights.
  • Transitional Modifications: While the law applies to suits filed on or after the effective date, it is unclear how courts will treat a modification suit filed after Sept 1, 2025, regarding an order established under the old laws.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 3, 2025
Passed House
May 2, 2025
Passed Senate
May 21, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsFamilyFamily--parent & ChildChild CustodyConservatorshipFoster CareFamily & Protective Services, Department of
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House Authors

Rep. Harold DuttonDemocrat · Primary Author
Joint Authors

Senate Sponsor

Sen. Nathan JohnsonDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about HB2350

Q

What does Texas HB2350 do?

HB2350 fundamentally alters the threshold for standing in Texas family law cases by restricting non-relative intervention rights while expanding relative standing. The law grants parents a "veto power" over non-relatives (such as long-term caregivers or fictive kin) seeking to intervene in custody suits, requiring explicit parental consent, while simultaneously expanding the class of relatives eligible to file an original suit from the third degree to the fourth degree of consanguinity (first cousins).

Q

Who authored HB2350?

HB2350 was authored by Texas Representative Harold Dutton during the Regular Session.

Q

When was HB2350 signed into law?

HB2350 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB2350?

HB2350 is enforced by Department of Family and Protective Services (DFPS) and Texas Family Courts.

Q

How significant are the changes in HB2350?

The regulatory priority for HB2350 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB2350?

The cost impact of HB2350 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB2350 address?

HB2350 addresses topics including family, family--parent & child, child custody, conservatorship and foster care.

Q

What are the key dates for HB2350?

Key dates for HB2350: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026