Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 156. MODIFICATION
Texas Codes

Tex. Fam. Code § 156.005 (2026)

Frivolous Filing Of Suit For Modification

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Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION. Notwithstanding Rules 296 through 299, Texas Rules of Civil Procedure, if the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall state that finding in the order and assess reasonable and necessary attorney's fees, court costs, and expenses against the offending party.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 11, eff. September 1, 2017.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 27, eff. September 1, 2025.

Notes of Decisions
Cited in 33 cases (5 in the last 5 years), 1998–2025 · leading case: Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013).
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Rosscer Craig Tucker, Ii v. Lizabeth Thomas, 419 S.W.3d 292 (Tex. 2013). · cites it 2× “” Tex. Fam. Code § 156.005. In enforcement suits, section 157.”
Ryan Kelsall v. Rachel Haisten, 564 S.W.3d 157 (Tex. App.—Houston [1st Dist.] 2018). · cites it 3× “” See TEX. FAM. CODE ANN. § 156.005 (West Supp.”
Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425 (Tex. 1998). · cites it 2× “022 (protective orders); TEX. FAM. CODE § 156.005 (frivolous filing of suits for modifying parent-child relationship); TEX.”
In re Rico Daniel Reardon, 514 S.W.3d 919 (Tex. App.—Fort Worth 2017). “See Tex. Fam. Code Ann. §§ 156.005 ,106.001-.”
Bailey v. Rodriguez, 351 S.W.3d 424 (Tex. App.—El Paso 2011). · cites it 2× “His presumption ignores Sections 106.002 and 156.005 of the Texas Family Code, both of which allow for the award of attorney’s fees.”
Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App.—Houston [14th Dist.] 2011). “See Tex. Fam. Code Ann. § 156.005 . In ordinary modification suits, those where frivolous filings and harassment are not at issue, the only statute authorizing a judgment for attorney’s fees is the global provision of Section 106.”
In re Braden, 483 S.W.3d 659 (Tex. App.—Houston [14th Dist.] 2015). “Tex. Fam. Code Ann. § 156.005 (West 2014); Tucker, 419 S.”
Carrick v. Summers, 294 S.W.3d 886 (Tex. App.—Beaumont 2009). “, Tex. Fam.Code Ann. § 156.005 (Vernon 2008) (“If the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall tax attorney’s fees as costs against the offending party.”
in the Interest of J.S.P., a Child, 278 S.W.3d 414 (Tex. App.—San Antonio 2008). “Tex. Fam.Code Ann. § 156.005 (Vernon 2002); Warchol, 853 S.”
in the Interest of A.S.M., a Child, 172 S.W.3d 710 (Tex. App.—Fort Worth 2005). “Tex. Fam.Code Ann. § 156.005 (providing that trial court shall tax attorney’s fees as costs if it determines that a party’s modification suit was designed to harass a party); In re D.”
in the Interest of A.C.J., a Child, 146 S.W.3d 323 (Tex. App.—Beaumont 2004). “Tracy argues the proper source of sanctions against Robert is Tex. Fam.Code Ann. § 156.005 (Vernon 2002), which provides: “If the court finds that a suit for modification is filed frivolously or is designed to harass a party, the court shall tax attorney’s fees as costs against…”
In re ASM, 172 S.W.3d 710 (Tex. App.—Fort Worth 2005). “TEX. FAM.CODE ANN. § 156.005 (providing that trial court shall tax attorney's fees as costs if it determines that a party's modification suit was designed to harass a party); In re D.”
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