| Sec. 102.005.STANDING TO REQUEST TERMINATION AND ADOPTION. An original suit requesting only an adoption or for termination of the parent-child relationship joined with a petition for a stepparent of the child; (2)an adult who, as the result of a placement for adoption, has had actual possession and control of the child at any time during the 30-day period preceding the filing of the petition; (3)an adult who has had actual possession and control of the child for not less than two months during the three-month period preceding the filing of the petition; (4)an adult who has adopted, or is the foster parent of and has petitioned to adopt, a sibling of the child; or (5)another adult whom the court determines to have had substantial past contact with the child sufficient to warrant standing to do so. (b)The change in law made by this section applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act.A suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 3(a), eff. September 1, 2007. Sec.A102.006.LIMITATIONS ON STANDING.A (a)Except as provided by Subsections (b) and (c), if the parent-child relationship between the child and every living parent of the child has been terminated, an original suit may not be filed by: (1)a former parent whose parent-child relationship with the child has been terminated by court order; (2)the father of the child;or (3)a family member or relative by blood, adoption, or marriage of either a former parent whose parent-child relationship has been terminated or of the father of the child. (b)The limitations on filing suit imposed by this section do not apply to a person who: (1)has a continuing right to possession of or access to the child under an existing court order; or (2)has the consent of the child ’s managing conservator, guardian, or legal custodian to bring the suit. (c)The limitations on filing suit imposed by this section do not apply to an adult sibling of the child, a grandparent of the child, an aunt who is a sister of a parent of the child, or an uncle who is a brother of a parent of the child if the adult sibling, grandparent, aunt, or uncle files an original suit or a suit for modification requesting managing conservatorship of the child not later than the 90th day after the date the parent-child relationship between the child and the parent is terminated in a suit filed by the Department of Family and Protective Services requesting the termination of the parent-child relationship. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.08, eff. June 14, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 866, Sec. 1, eff. June 15, 2007. |
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