Did you know you can join an ongoing CPS case to fight for the best outcome for the children in many circumstances?
A non-parent party has a couple of ways to show they have standing to intervene into a Suit Affecting Parent-Child Relationship, by:
a) showing they have the standing to file an original suit, or b) showing they have the standing to intervene in a pending suit.
Standing to File Original Suit:
[Tex. Fam. Code Section 102.003] provides that an original suit may be filed only by a limited category of persons including but not limited to the following:
A custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country.
A man alleging himself to be the father of a child filing in accordance with [Tex. Fam. Code Chapter 160], subject to the limitations of that chapter, but not otherwise.
A person other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition.
A person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under [Tex. Fam. Code Chapter 161] or to whom consent to adoption has been given in writing under [Tex. Fam. Code Chapter 162]
A person with whom the child and the child’s guardian, managing conservator, or parent have resided for at least six months ending not more than 90 days preceding the date of the filing of the petition if the child’s guardian, managing conservator, or parent is deceased at the time of the filing of the petition;
A person who is the foster parent of a child placed by the Department of Family and Protective Services in the person’s home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition;
A person who is a relative of the child within the 3rd degree of consanguinity, as determined by [Tex. Gov’t Code Chapter 573] if the child’s parents are deceased at the time of the filing of the petition; or
A person who has been named as a prospective adoptive parent of a child by a pregnant woman or the parent of the child, in a verified written statement, to confer standing executed under [Tex. Fam. Code § 102.0035], regardless of whether the child has been born. [Tex. Fam. Code § 102.003(a)].
Standing to Intervene in a Pending Suit:
An original suit requesting possessory conservatorship may not be filed by a grandparent or other person.
However, the court may grant a grandparent or other person deemed to have had substantial past contact with the child leave to intervene in a pending suit filed by a person authorized to do so under this subchapter if there is satisfactory proof to the court that the appointment of a parent as a sole managing conservator or both parents as joint managing conservators would significantly impair the child’s physical health or emotional development.
[Tex. Fam. Code § 102.004(b)] only in pending SACPRs that have not yet resulted in a final order, where the intervenor can show that they have had substantial past contact with the child; and the appointment of the parent or parents as sole or joint managing conservators would significantly impair the child’s physical health and emotional development.
This is a complicated process, and you will need an experienced CPS attorney to guide you through the process.
Click the link below to schedule your discovery call to discuss your unique circumstances with one of our trusted advisors.