141 Holly Draper Updates in Parent Versus Non Parent Custody Litigation

Episode 141: Updates in Parent Versus Non-Parent Custody Litigation When sweeping changes to Texas family law took effect on September 1, 2025, family law practitioners across the state began encountering real-world consequences that no statute could fully anticipate. In this solo episode, Holly Draper shares what Texas family lawyers are actually seeing in courtrooms — and what those on-the-ground experiences reveal about the gaps, ambiguities, and unintended consequences embedded in the new parent versus non-parent custody framework. From sua sponte dismissals before respondents are even served, to courts treating the new affidavit requirement as a threshold jurisdictional gate, to grandparents facing near-impossible burdens in modification proceedings — Holly breaks down what practitioners are seeing and offers her own clear-eyed analysis of where the legislation got it right, where it fell short, and what advocates should do in the meantime. Whether you represent parents or non-parents, this episode is packed with urgent, practical guidance you cannot afford to miss. Holly also issues a call to action: if you’re seeing these issues play out in court, she wants to hear from you — because the feedback loop between practitioners and lawmakers may be what ultimately fixes this legislation. In this episode you’ll discover: • Why courts are dismissing non-parent suits sua sponte • What the affidavit actually has to say to survive • Holly’s strong stance on agreed orders • The modification trap facing long-term non-parent caregivers • The unresolved res judicata problem • Practical takeaways for both sides of the docket