Note The library cannot tell you what the law means for your situation.
Inmates must often navigate family law matters like marriage, divorce, and child support. In many cases, incarceration may complicate family law matters and require additional procedures.
Previously, Texas law allowed prisoners to marry by proxy. This process allowed an appointed person to stand in for the absent applicant at the ceremony.
This is no longer an option for inmates after Section 2.203 of the Texas Family Code was amended in 2013. The law now limits proxy marriages to active-duty military members stationed in another country.
For those wishing to formally marry someone who is currently incarcerated with the Texas Department of Criminal Justice (TDCJ), a wedding ceremony will need to be conducted on TDCJ property.
See the resources below for how to apply for a ceremony.
The Texas Department of Criminal Justice (TDCJ) has an Affidavit of Informal Marriage form for visitation. This can be used by a person who:
Both the inmate and their common-law spouse can submit the affidavit to the warden. The inmate can file an unsworn affidavit. The spouse must have their affidavit certified by a notary. See the TDCJ Visitation policy below for details.
TDCJ does not have a sample affidavit available online. We recommend contacting the prisoner's unit for more information on filing this affidavit.
Incarceration does not prevent a person from getting divorced. In fact, Section 6.004 of the Texas Family Code lists felony convictions and imprisonment as potential grounds for divorce.
Inmates may struggle to begin divorce proceedings on their own. They often face challenges with steps like serving notice and attending hearings. It is often easier for the non-incarcerated spouse to start the divorce process.
The resources below have information about the divorce process when one spouse is incarcerated. For more general information on divorce in Texas see the library's Divorce guide.
A court can involuntarily terminate a parent's rights to their child based on incarceration and certain criminal conduct. Chapter 161.001 of the Texas Family Code lists many serious criminal offenses that can be used as grounds for a termination case.
Please see our Termination of Parental Rights guide for more details on this process.
Incarcerated parents may still be obligated to pay child support. The Texas Attorney General's information for incarcerated parents states that the parent must ask the court to change the child support order to stop or reduce the amount of child support owed.
If a parent is incarcerated, they may qualify for a lower monthly child support payment. See the resources below for more information about child support obligations while incarcerated.
For more information on child support, see the Child Support page of the Child Custody & Support guide.
Incarceration does not change someone's obligation to pay taxes. Inmates may still need to file a tax return, especially if they earned income before entering prison or receive other taxable income.
Prisoners may not qualify for all tax credits, such as the Earned Income Tax Credit, but they may still receive refunds if they meet the eligibility requirements. The Internal Revenue Service (IRS) collects income tax each year.
If an inmate needs specific tax forms, our library may be able to provide them through our Inmate Copy service. To assist with the request, we need to know which forms and the appropriate filing year.
According to TDCJ, prisoners must show proof of a W-2 to their unit's mail department when they receive a blank IRS form from us. If a prisoner cannot provide a W-2 but still needs a tax form, they or a loved one should contact the IRS directly for assistance.
We often get requests from inmates and their families for "power of attorney" forms. A power of attorney is a written document that authorizes a person to make decisions or take actions on someone else's behalf.
There are different kinds of powers of attorney. We have more information on our Powers of Attorney guide.
The library cannot recommend specific forms for your situation, but we can point you in the direction of templates or resources you can use to draft your own form.
You may need to speak to a lawyer for help with this process if you have questions. The State Counsel for Offenders can also assist prisoners in executing a general power of attorney.
Inmates are not eligible to receive benefits from the Social Security Administration.
Once an inmate is released, they may be eligible for Social Security benefits if they worked or paid into Social Security for enough years to qualify. They may also be eligible for Supplemental Security Income benefits if they are 65 or older and have little or no income and resources.
Note The library cannot tell you what the law means for your situation.