Why is this written in my orders now?  Is this really necessary?”

Texas Family Lawyers are hearing this more and more, especially as new laws went into effect last September.  Texas Family Code section 153.076 was amended to expand certain disclosures and information that parents must provide to each other.

Why?  The short answer:  Yes, it is necessary because the Texas Family Code requires it to be in there. Beginning September 1, 2015, the additional disclosure must be provided.    Section 153.076 includes two new provisions:

(b-1)  The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator:

  1. establishes a residence with a person who the conservator knows is the subject of a final protective order sought by an individual other than the conservator that is in effect on the date the residence with the person is established;
  2. resides with, or allows unsupervised access to a child by, a person who is the subject of a final protective order sought by the conservator after the expiration of the 60-day period following the date the final protective order is issued; or
  3. is the subject of a final protective order issued after the date of the order establishing conservatorship.

(c-1)  The notice required to be made under Subsection (b-1) must be made as soon as practicable but not later than:

  1. the 30th day after the date the conservator establishes residence with the person who is the subject of the final protective order, if the notice is required by Subsection (b-1)(1);
  2. the 90th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(2); or
  3. the 30th day after the date the final protective order was issued, if the notice is required by Subsection (b-1)(3).

(d)  A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable.  An offense under this subsection is a Class C misdemeanor.

You may have seen this before, or think it looks familiar. This is similar other provisions in the same subsection:

(b)  The court shall order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows:

  1. is registered as a sex offender under Chapter 62, Code of Criminal Procedure;  or
  2. is currently charged with an offense for which on conviction the person would be required to register under that chapter.

(c)  The notice required to be made under Subsection (b) must be made as soon as practicable but not later than the 40th day after the date the conservator of the child begins to reside with the person or the 10th day after the date the marriage occurs, as appropriate.  The notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged.

(d)  A conservator commits an offense if the conservator fails to provide notice in the manner required by Subsections (b) and (c), or Subsections (b-1) and (c-1), as applicable.  An offense under this subsection is a Class C misdemeanor.

These provisions apply in every divorce with children and every suit involving a child. It does not matter how likely these issues are to come into play, or if they are not likely to happen at all; these Texas Family Code sections apply to everyone.

There may be other laws that affect communications between parents, conservatorship, and parental rights and duties. It is imperative that you contact a family law attorney who is familiar with all the laws.