A non-parent party has a couple of ways to show they have Standing to Intervene into a Suit Affecting Parent-Child Relationship:
By showing they have standing to file an original suit; or
By showing they have standing to intervene in a pending suit.
1. 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).
2. 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. Call us today at (210) 226-2227 to discuss your unique circumstances.
We would be happy to help you make things better for your family.
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