Starting September 1, 2025, a new law--Texas House Bill 1973—will change the way parents and families file cases involving children in Texas courts. This law amends Texas Family Code § 102.008, which governs the filing of a Suit Affecting the Parent-Child Relationship (SAPCR).
​
If you are beginning a case about custody, visitation, child support, or other parent–child issues, you will now be required to submit a certified copy of your child’s birth certificate at the time you file.

This new requirement is important for anyone considering family litigation in Texas, so let’s break it down.

What the New Law Requires

1. Certified Birth Certificate Must Be Filed
   • When you file a SAPCR, you must include a certified copy of the child’s birth certificate.
   • This document must be filed under seal and kept separate from the other court papers.
   • This means it will not be part of the public case file and will be protected from public view.
2. Alternative Proof Allowed if Needed
   • If a certified copy is not available or if the certificate doesn’t list both parents, the judge may ask for other proof of parentage, such as hospital records or an acknowledgment of paternity.
   • These documents will also be kept confidential.
3. Exceptions for State Cases
   • If the case is brought by the Texas Attorney General’s Office (such as a child support enforcement case), this requirement does not apply.

Why Did Texas Make This Change?
The Legislature passed HB 1973 to make sure courts have accurate, official proof of a child’s identity and parentage from the very beginning of a case.
This has several benefits for families:

• Accuracy: Ensures there’s no confusion about the child who is the subject of the case.
• Efficiency: Reduces disputes later in the process about names, dates of birth, or parentage.
• Privacy: By requiring the document to be filed under seal, it protects children’s sensitive information from appearing in public court records.

What This Means for Families Going to Court
If you plan to file a custody, visitation, or support case after September 1, 2025, you should:

• Obtain a certified copy of your child’s birth certificate before filing.
• Work with your attorney to make sure it is filed correctly--under seal and separately from your petition.
• Be prepared that the court may ask for the document before your case can move forward.

If you don’t have a certified copy yet, don’t panic—there are clear ways to get one.

How to Get a Certified Birth Certificate in Texas
In Texas, certified copies are issued by the Texas Department of State Health Services (DSHS) or by local county clerk/city registrar offices. Here are your main options:

1. Order Online
   • Visit the official Texas.gov Vital Records portal.
   • This is usually the fastest option. You will need to prove your identity and your relationship to the child.
2. In Person at a Local Office
   • Many county clerk and city registrar offices can issue certified copies for births in Texas.
   • In some locations, you can get the certificate the same day you apply.
   • The fee is usually around $23 per copy.
3. By Mail
   • You can submit a request by mail using a DSHS form.
   • Standard processing may take 6–8 weeks, while expedited requests can take about 3–4 weeks.

Who Can Order a Certificate?
Only certain people are allowed to order a certified copy:

• The person named on the birth certificate, if an adult.
• A parent or immediate family member.
• A legal guardian or legal representative (such as an attorney with proper authorization).

If the Child Was Born Outside TexasYou will need to request a certified copy from the state or country where the child was born. Each state has its own process, and the CDC Vital Records directory lists where to apply.

What Happens if You Don’t Have It When You File?
The new law allows a judge to ask another party to provide the birth certificate during the case. However, waiting can cause delays. The best practice is to get the certified copy in hand before filing so your case is not slowed down.

Takeaway for ParentsIf you are planning to file a custody, visitation, or child support case in Texas, be aware that starting September 1, 2025, you will need a certified copy of your child’s birth certificate.
Our firm can help guide you through:

• Obtaining the birth certificate if you don’t already have one,
• Making sure it is filed properly under seal, and
• Protecting your family’s privacy throughout the process.

At The Palmer Law Firm, we stay ahead of changes like HB 1973 so our clients don’t have to worry about surprises. If you are considering filing a case involving your child, call us at 832-819-3529 or visit us at 550 N. Egret Bay Blvd, League City, TX to schedule a consultation.

It’s a common but heart-wrenching story. A father finds out that the mother of his child has suddenly packed up, moved to another state, and taken the child with her—without a court order, and without his consent. He’s left behind, wondering what rights he has, whether Texas courts still have authority to intervene, and how to even begin the process of asserting his parental rights. If this sounds like your situation, read on—there’s good news and some critical steps you need to take immediately.

No Custody Orders? You're Not Alone.
Many unmarried or divorcing parents find themselves in legal limbo when no formal custody orders have been issued. Without a signed court order determining conservatorship (custody), possession, and access, both parents technically have equal rights to the child under Texas law. That means that although the mother may have taken the child across state lines, she hasn't necessarily broken the law—but that doesn’t mean she’s immune from legal consequences, either.

Jurisdiction Starts at Home.
The first issue to address is whether Texas courts can even hear your case. In legal terms, this is called jurisdiction. For custody and visitation matters, Texas follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, the “home state” of the child—where the child has lived with a parent for at least six consecutive months immediately before the start of the case—has exclusive jurisdiction to make initial custody determinations.

What if the Child Has Left Texas?
If the child lived in Texas for at least six months before the mother left the state, Texas is still the home state—even if the child is now residing elsewhere. That means Texas courts can still assert jurisdiction to issue initial custody orders. But timing matters. The longer the child stays gone, the weaker the jurisdictional argument becomes. That’s why acting quickly is critical.

What if the Child Hasn’t Lived in Texas Long Enough?
Let’s say the child recently moved to Texas and didn’t reside here for a full six months. In that case, the court will look to the child’s previous home state—perhaps Nebraska, Pennsylvania, or wherever the child lived before. But if no other state qualifies under the UCCJEA as the home state, Texas may still exercise jurisdiction if the child and at least one parent have significant connections here, and if substantial evidence about the child’s care is available in Texas.

The Challenge of Service of Process.
Filing a custody case is only half the battle. You must also properly serve the other parent with legal notice of the case. If the mother is now living out of state, service becomes more complicated—but not impossible. Texas allows service of process outside the state, but you must strictly follow both Texas rules and those of the state where she currently lives. Failure to serve her correctly could delay your case or even get it dismissed.

Filing for Divorce and Custody Together.
If you’re married to the child’s other parent, filing for divorce in Texas can allow you to request temporary custody orders immediately, even before the final divorce is granted. Texas allows divorce filings as long as you have been a resident of the state for at least six months and of the county for at least 90 days. So long as Texas is the child’s home state (or qualifies under the UCCJEA’s fallback rules), a Texas judge can also rule on custody during the divorce.

Emergency Jurisdiction: A Limited but Powerful Tool.
If your child is in immediate danger—say, due to neglect, abuse, or unstable living conditions in the new state—Texas courts can assert temporary emergency jurisdiction. But this is reserved for truly urgent situations and won’t result in permanent custody orders unless Texas becomes the home state or the other state declines jurisdiction.

Don’t Wait—Silence Can Be Misconstrued.
One of the biggest mistakes a parent can make is doing nothing. If the other parent remains in another state long enough with the child, that state could eventually become the new home state. And if you haven’t taken legal action, you risk being seen as indifferent or acquiescent to the move. Courts prefer to see that you acted swiftly and responsibly to protect your parent-child relationship.

Document Everything.
While you're preparing to file, keep detailed records of all communications with the other parent, including text messages, emails, and call logs. Make note of when the child was removed from the state, what notice (if any) you were given, and whether you've had access to your child since the move. This documentation may become key evidence in your custody case.

Talk to a Texas Family Lawyer Now.
​Every situation is unique, and when your child’s well-being and your parental rights are at stake, you don’t want to navigate this alone. A Texas family law attorney can help you evaluate whether Texas has jurisdiction, prepare your filings, ensure proper service, and advocate for your rights in court. Custody cases with multi-state issues are complex—but not hopeless. If you act now, you can protect your relationship with your child and bring stability back to your family’s life.

Need Help Now?
If you’re facing a custody situation like this in Texas, call The Palmer Law Firm to schedule a confidential consultation. Let’s figure out your next step—before it’s too late.

For the first time since December 20, fewer than 10,000 Texans are hospitalized with COVID-19 according to the Texas Tribune.  However, the current number of 9,401 Texans hospitalized, and the emergence in Texas of new, highly contagious strains signals the grim reality that it will long time before things will return to normal.

As the COVID crisis lingers, it's effect on people's lives, especially those trying to manage children between two homes, grows increasingly burdensome.   For those who have family law disputes, the challenges are increasing as the COVID crisis lingers into its second year.  Here are the top three problems that our firm has experienced with our clients:

1. Job Loss Affecting Child Support Payments
One of the most obvious and direct impacts to daily life due to the COVID crisis is how it has hurt family income.  As more small businesses flounder and shut down, job losses in Texas are climbing steadily.  Separated and divorced parents are often already struggling to make ends meet, but as the COVID crisis endures, they will see savings dry up and soon existing child support payments may slow or stop. 

Courts in the Houston and Galveston areas remain sensitive to parents in this situation but are proceeding with child support enforcement case as normal.  They are issuing contempt orders as readily as before, and it is incumbent on the parent ordered to pay support to approach the Court early about having their child support obligation reduced if they are experiencing financial difficulty due to COVID related job loss or reduction in hours.  Failure by the payer to seek to have the previous order modified- even if temporarily - may result in contempt actions being brought by either the obligee or the Texas Attorney General.   And despite the understanding the Courts may grant the obligor in these extraordinary times,  it should be noted that the Courts have not abandoned the expectation that parents must supply evidence of their particular financial challenges or economic hardships.  It's recommended that parents seek legal counsel to assist them.  Many lawyers, such as our firm, offer affordable limited scope services to help in this situation.

2. Changes in Living Conditions
For many Texas families, the day to day physical living conditions and circumstances have been negatively impacted by the lingering COVID crisis.

In a recent divorce case, the father sought the immediate sale of the marital home where the mother and the two children were still living.  The father, an optometrist, claimed that the COVID crisis had reduced his income by half, and as the sole wage earner, he could no longer afford to pay the mortgage and costs for the couple's large home.  The mother counter-argued that the father chose to keep his practice closed longer than necessary and that COVID restrictions had been lifted.

The Court reviewed the larger financial situation of the couple and ordered the immediate sale of the home and temporary support payments for the mother for her to rent a smaller house.  The Court declared that "COVID-19 has at least temporarily ruined the financial prospects of both of these parties.  And neither of them is to blame."

3. In-person vs. Online Learning 
Many if not most Texas schools offer two options for children to attend school- traditional attendance at the school ("brick and mortar") or virtual learning using software and the internet ("online").  However, when parents do not agree on what is best for the children- as often happens during and after divorces- then disputes arise that often wind up in court.
​
In a different recent divorce case, a temporary order directed the mother would be the temporary primary caregiver of the children and the father would have weekend visitations through the divorce proceedings.  It also directed that the children should be taught virtually.  The mother, although not working herself and being supported financially by the husband, was not satisfied with the temporary order because she wanted the kids in school.  After the temporary hearing, the mother shut off her internet service- which she calculated she could do because it was not specifically prohibited by the Court.  Without internet access the kids could not attend school virtually.  The father was soon alerted to the situation and took the mother back to court.  At the emergency hearing the mother pressed to explain her actions and their impact on the children's education.  The mother "mostly deflec[ed]" and stated the children's educational needs were being met otherwise.  The Court ultimately ordered the mother to immediately provide internet and all necessary equipment for the children to attend school virtually.  The Court also admonished the mother that if she again attempted to thwart the order, then primary care would be given to the father. 

In Summary
The COVID crisis has been with us for over a year and it seems we have a long way to go before things return to normal.  The long length of this crisis is having trickle-down effects on separated and divorced families in many ways.  These result is an increase in conflicts where often the only resolution is to seek relief from the courts with the help of an experienced family law attorney. 

​If you have experienced any of these issues, or you if you think there are other issues that are more widely experienced that the ones we have listed, we invite your comments below.

Two days after Hurricane Hanna touched down in Texas, there are thousands who remain without power. For the Houston and Galveston areas, we go lucky with only intermittent rain. But the storm it is a firm reminder that we are just beginning the 2020 hurricane season.  With the disaster of Hurricane Harvey and other devastating hurricanes not yet in the distant past, many of our neighbors are reassessing their emergency plans and stocking up on supplies- even if it means doing so in facemasks.   In addition to taking these steps, parents who share custody of their children may  also want to reassess their parenting plans and visitation arrangements to ensure that they reflect potential natural disasters.

If you already have a natural disaster provision in your own parenting plan, this may be a good time to reevaluate it and ensure that it is still in your family’s best interest. If, on the other hand this type of clause is not included in your parenting plan, you should consider speaking with an experienced League City child custody attorney who can help you decide whether amending your parenting plan is an appropriate course of action in your case.

Emergency Parenting Plan Provisions

Natural disasters are devastating and many ways, including relationships with our children. For instance, a hurricane or tropical storm, could make it impossible to safely transport a child to his or her other parent.  In other cases, an emergency could make it necessary to evacuate with a child to avoid emergency weather conditions. Parenting plans can include provisions that specifically address these types of situations and detail what co-parents should do when a disaster strikes. For example, some parents choose to include a provision stating that in emergency situations, the parent who is with the child can fail to comply with the standard parenting time schedule and instead, take whatever actions would be in the child’s best interest, including evacuation or sheltering in place.

In addition to these types of provisions, many parents also choose to include specific steps that the parties must take during emergencies to keep in contact with the child’s other parent. Even when these directions are not included in a parenting plan, however, it’s still a good idea to communicate regularly with a child’s other parent to discuss what action should be taken in the event that communication is interrupted.

Contact an Experienced Child Custody Attorney in League City

Keeping one’s children safe should be a parents primary concern at all times, but especially during a natural disaster. Parents who can do this while also informing the child’s other parent of their plans is highly advisable in these cases. However, what’s this has been achieved and the disasters no longer looming, parents should strongly consider obtaining legal advice about any deficiencies in their parenting plans when it comes to disaster planning. 

A big decision needs to be made early on in a divorce case- who will take care of the kids?  Separated or newly divorced parents have to make tough decisions about child care in the best of times, but with the spread of the coronavirus, those choices are harder than ever.  As our Texas Governor moves forward with re-opening the economy, more parents are returning to work.  This has made child care decisions more urgent -and desperate-for millions of Texans.

Child care options are decreasing
Most single parents with minor children need to work during the day.  In the pre-pandemic days, one common option for many was to have grandparents watch the children while the primary care parent works.  However, not every parent is blessed with this as an option.  And now, with the spread of the Covid-19 virus and it's high death rate among the elderly, many people who did have this option are now not willing to risk the lives of their own parents by exposing them to grandchildren who  often do not display symptoms of Covid-19 and can infect their unwitting grandparents with the virus.

​The usual option, if relatives are not available, is to rely on private daycare.  But many parents are worried that they will be putting their children at risk by taking them to a daycare center during a pandemic. This fear is spurred by news that Texas has just experienced one of  it's most infectious and deadly weeks for Covid-19.

State data shows an increase in coronavirus cases stemming from both large gatherings and child care centers. The state reported 576 positive cases of the coronavirus — 382 staff members and 194 children — in child care facilities as of this week. That’s up from 59 cases in mid-May. 

Are Daycare Facilities Safe?  Little Guidance from the Government.
Of those facilities that remain open, even at limited capacity, the State's response to the fears of contaminating kids in daycare has been muddled, to say the least.

Just two weeks ago, the government surrendered all existing regulation of safety measures at state-licensed child care centers.  As of mid-June they  were no longer required to comply with a list of safety precautions that had been in effect since mid-April. That meant centers could decide for themselves if they wanted to check staff temperatures, require parents to drop off their children outside or stop serving family-style meals, according to a previous notice from the state Health and Human Services Commission.

Then, in an apparent reversal this week, Gov. Greg Abbott directed a state health agency to enact new safety standards for child care centers during the coronavirus.  However those new standards have not yet been published.

To make matters less clear, individual county and municipal authorities in Texas have been sending mixed messages to citizens about how their local government plans to respond to the recent deadly spike in infections.  In Harris County, which includes the City of Houston, Judge Lina Hidalgo has announced plans to mandate masks and return to the stay-at-home conditions imposed this Spring.  Meanwhile in neighboring Galveston County, which includes more suburban and semi-rural /industrial areas, Judge Mark Henry has defiantly announced that he won't issue any new government restrictions and said people must rely on their own personal responsibility to stay free from infection.   

Ultimately, Parents Must Find Daycare Options and Judge Facility Safety On Their Own 
Experts say that daycare is a key piece to reopening the U.S. economy.  If a single parent must go back to work and has no other child care options, then choosing among the remaining daycare facilities that remain open in the area may be the only choice.  But without clear government guidance, selecting the safest daycare facility for your child is a daunting challenge. 

That is why we are offering a checklist of the most important, researched questions to ask a daycare facility before you enroll your child.  The checklist is based on expert recommendations and can help you determine if a child care, daycare or daycamp facility is coronavirus ready.  No facility can guarantee your child will be 100% safe from infection, but download this free checklist and bring it with you when you visit the facility or ask questions from it when on the phone.  Researched from the CDC and other experts, this question checklist will help you pick the safest daycare facility.  The Palmer Law Firm is offering this checklist as a free public service.  

To download the Daycare Safety Checklist.  Please click HERE.