Texas Now Limits What Courts Can Order in Custody-Related Counseling & "Re-Unification Therapy"— What Parents Need to Know
- Texas Attorney Ryan Putz
- 6 days ago
- 6 min read
If you are going through a divorce or custody dispute in Texas, there is a good chance a court has ordered — or could order — some form of counseling as part of your case. Courts have long had the authority to require parties to participate in therapy when there is a history of conflict over conservatorship, possession, and access. For years, however, that authority came with few guardrails. Therapists and reunification counselors sometimes wielded enormous power over a family’s case, including making recommendations that effectively altered possession schedules, isolating children from parents, or requiring children to travel out of state for intensive programs.
Texas changed that in 2025. House Bill 3783, which became effective June 20, 2025, amends Section 153.010 of the Texas Family Code and places meaningful limits on what family courts can order when it comes to counseling in suits affecting the parent-child relationship (SAPCRs). Whether you are a parent in an active custody case or you are anticipating one, these changes matter.
What Problem in Custody Disputes Was HB 3783 Designed to Solve?
The legislation was authored by Representative Lacey Hull and carried in the Senate by Senator Tan Parker. It was crafted in direct response to documented concerns about the unchecked discretion that had been granted to therapists — particularly in the context of so-called “reunification therapy.” In high-conflict custody cases, courts sometimes ordered children to participate in intensive counseling programs aimed at rebuilding a relationship with an estranged parent. While the goals of such programs can be legitimate, the implementation was often anything but.
Reports surfaced of children being transported across state lines and held overnight at therapeutic facilities, cut off from their custodial parent, their schools, their friends, and their communities — all under the umbrella of a court order. Some programs used isolation, emotional pressure, and coercion as therapeutic tools. Others effectively handed possession and access decisions to the therapist rather than the court, giving a private mental health professional the power to determine when — or whether — a child could see a parent. HB 3783 puts a stop to these practices.
What Courts Can No Longer Order
The new law amends TFC § 153.010 by adding two new subsections — (c) and (d) — that draw clear lines around what a court may and may not include in a counseling order.
Prohibited Counseling Practices — New § 153.010(d)
A Texas family court may not order a party to participate in counseling where the counselor requires any of the following:
• Isolation of the child from family, school, religious community, or other sources of support — including prohibiting or preventing the child from contacting a parent or other family member
• Overnight or multi-day out-of-state stays or stays at any other location away from home
• Transportation of the child by means of force, threats, or coercion
• A change — temporary or permanent — in the periods of possession or access to the child
• The use of force, threats of force, coercion, or verbal abuse against a child
That last prohibition is worth pausing on. The fact that this language was necessary tells you something about what some practitioners had been doing. Coercion and verbal abuse should never have been acceptable therapeutic tools, and now a court order cannot authorize them.
Equally important is the prohibition on counselors unilaterally altering possession schedules. Under the prior framework, it was not unheard of for a therapist to recommend — or even condition continued therapy on — changes to who had possession of the child and when. The new law makes clear that only a court can make those determinations. A counselor’s role is to provide mental health services, not to act as a back-channel judge.
Protections for Family Violence Victims — New § 153.010(c)
When credible evidence of family violence or sexual abuse is presented in a SAPCR proceeding, the court must consider that history before ordering any counseling at all. And if such evidence exists, the court is flatly prohibited from:
• Ordering joint counseling sessions in which a victim participates alongside the perpetrator of the violence or abuse
• Requiring the victim to pay any portion of the cost of counseling
This is a significant protection. For years, there was no explicit statutory prohibition on joint counseling between abusers and their victims in family court proceedings. In some cases, victims were effectively forced to sit across from their abuser in a therapy room as a condition of resolving their custody dispute. That is no longer permissible under Texas law.
New Qualifications Required for Court-Appointed Counselors
HB 3783 also tightens the credentialing requirements for mental health professionals appointed to provide counseling under § 153.010. The therapist must:
• Have a background in family therapy
• Hold a mental health license requiring at minimum a master’s degree
• Have training in the dynamics of family violence — if the court determines that training is relevant to the type of counseling needed
The prior statute referenced “domestic violence” training. The amended language expands this to “family violence,” which is a broader term under Texas law and more accurately reflects the range of circumstances courts encounter in custody cases.
What This Means for Your Custody Case
If you are currently involved in a custody or divorce case in Texas, here is what these changes mean practically:
If you are a parent concerned about your child being sent to an out-of-state intensive therapy program: Courts cannot order that. Full stop. If a therapist conditions treatment on removing your child from your home and sending them to another state, that program falls outside what a Texas family court can lawfully compel.
If you are a survivor of family violence: Courts may not order you to attend counseling with your abuser. If a judge orders joint counseling in your case and there is credible evidence of family violence or sexual abuse in the record, that order is on legally shaky ground. Document everything and speak with your attorney immediately.
If a therapist is making recommendations about possession:
Those recommendations cannot override a court order, and a new court order based on therapist recommendations that would effectively change possession must comply with all other applicable statutes. The therapist’s job is therapy — not custody adjudication.
If you are the non-custodial parent worried about reunification: The new law does not eliminate court-ordered counseling aimed at improving parent-child relationships. It simply requires that counseling be conducted in a manner that protects the child’s safety, preserves their connections to family and community, and keeps coercion out of the process entirely.
The Bigger Picture
HB 3783 is part of a broader legislative trend in Texas toward strengthening both parental rights and child protections in family court proceedings. The 89th Legislature made significant changes to how courts handle conservatorship, possession, protective orders, and third-party standing — all with an eye toward ensuring that the legal process serves children and families, not the other way around.
For those of us practicing family law in Texas, this legislation represents a meaningful check on a category of abuse that had been flying largely under the radar. Reunification therapy and court-ordered counseling can be powerful tools when used appropriately. The question was never whether courts should have these tools — it was whether the people wielding them were accountable to any meaningful standard. Now, thanks to HB 3783, they are.
If you have an active custody case and you are unsure how these changes affect your situation — whether that involves a current counseling order, a family violence history, or concerns about a proposed therapy program — the Law Office of Ryan Putz can help. We represent parents in Montgomery County, Harris County, Walker County, and throughout the greater Houston area and beyond in all aspects of divorce, conservatorship, possession and access, and enforcement of court orders.
8708 Technology Forest Pl, Suite 175 | The Woodlands, Texas 77381
(936) 978-2045 | ryan@ryanputzlaw.com | ryanputzlaw.com
This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Please consult a licensed Texas attorney regarding your specific circumstances.
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