§ 102.003. GENERAL STANDING TO FILE SUIT.
(a) An original suit may be filed at any time by:
(1) a parent of the child;
(2) the child through a representative authorized by
the court;
(3) 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;
(4) a guardian of the person or of the estate of the
child;
(5) a governmental entity;
(6) an authorized agency;
(7) a licensed child placing agency;
(8) a man alleging himself to be the father of a child
filing in accordance with Chapter 160, subject to the limitations
of that chapter, but not otherwise;
(9) 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;
(10) a person designated as the managing conservator
in a revoked or unrevoked affidavit of relinquishment under Chapter
161 or to whom consent to adoption has been given in writing under
Chapter 162;
(11) 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;
(12) a person who is the foster parent of a child
placed by the Department of Protective and Regulatory 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;
(13) a person who is a relative of the child within the
third degree by consanguinity, as determined by Chapter 573,
Government Code, if the child's parents are deceased at the time of
the filing of the petition; or
(14) 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[0] executed
under Section 102.0035, regardless of whether the child has been
born.
(b) In computing the time necessary for standing[0] under
Subsections (a)(9), (11), and (12), the court may not require that
the time be continuous and uninterrupted but shall consider the
child's principal residence during the relevant time preceding the
date of commencement of the suit.
(c) Notwithstanding the time requirements of Subsection
(a)(12), a person who is the foster parent of a child may file a suit
to adopt a child for whom the person is providing foster care at any
time after the person has been approved to adopt the child. The
standing[0] to file suit under this subsection applies only to the
adoption of a child who is eligible to be adopted.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 8, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 575, § 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1048, § 1, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1390, § 2, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 821, § 2.07, eff. June 14, 2001; Acts 2003, 78th
Leg., ch. 37, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
573, § 1, eff. Sept. 1, 2003.
§ 102.004[0]. STANDING FOR GRANDPARENT OR
OTHER PERSON.
(a) In addition to the general standing[0] to file suit provided by
Section 102.003, a grandparent, or another relative of the child
related within the third degree by consanguinity, may file an
original suit requesting managing conservatorship if there is
satisfactory proof to the court that:
(1) the order requested is necessary because the
child's present circumstances would significantly impair the
child's physical health or emotional development; or
(2) both parents, the surviving parent, or the
managing conservator or custodian either filed the petition or
consented to the suit.
(b) 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 by the court 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
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.
(c) Possession of or access to a child by a grandparent is
governed by the standards established by Chapter 153.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1048, § 2, eff. June 18,
1999.
Amended by:
Acts 2005, 79th Leg., Ch. 916, § 3, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406, § 2, eff. September
1, 2007.
(a) An original suit may be filed at any time by:
(1) a parent of the child;
(2) the child through a representative authorized by
the court;
(3) 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;
(4) a guardian of the person or of the estate of the
child;
(5) a governmental entity;
(6) an authorized agency;
(7) a licensed child placing agency;
(8) a man alleging himself to be the father of a child
filing in accordance with Chapter 160, subject to the limitations
of that chapter, but not otherwise;
(9) 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;
(10) a person designated as the managing conservator
in a revoked or unrevoked affidavit of relinquishment under Chapter
161 or to whom consent to adoption has been given in writing under
Chapter 162;
(11) 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;
(12) a person who is the foster parent of a child
placed by the Department of Protective and Regulatory 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;
(13) a person who is a relative of the child within the
third degree by consanguinity, as determined by Chapter 573,
Government Code, if the child's parents are deceased at the time of
the filing of the petition; or
(14) 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[0] executed
under Section 102.0035, regardless of whether the child has been
born.
(b) In computing the time necessary for standing[0] under
Subsections (a)(9), (11), and (12), the court may not require that
the time be continuous and uninterrupted but shall consider the
child's principal residence during the relevant time preceding the
date of commencement of the suit.
(c) Notwithstanding the time requirements of Subsection
(a)(12), a person who is the foster parent of a child may file a suit
to adopt a child for whom the person is providing foster care at any
time after the person has been approved to adopt the child. The
standing[0] to file suit under this subsection applies only to the
adoption of a child who is eligible to be adopted.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 8, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 575, § 3, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1048, § 1, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 1390, § 2, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 821, § 2.07, eff. June 14, 2001; Acts 2003, 78th
Leg., ch. 37, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
573, § 1, eff. Sept. 1, 2003.
§ 102.004[0]. STANDING FOR GRANDPARENT OR
OTHER PERSON.
(a) In addition to the general standing[0] to file suit provided by
Section 102.003, a grandparent, or another relative of the child
related within the third degree by consanguinity, may file an
original suit requesting managing conservatorship if there is
satisfactory proof to the court that:
(1) the order requested is necessary because the
child's present circumstances would significantly impair the
child's physical health or emotional development; or
(2) both parents, the surviving parent, or the
managing conservator or custodian either filed the petition or
consented to the suit.
(b) 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 by the court 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
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.
(c) Possession of or access to a child by a grandparent is
governed by the standards established by Chapter 153.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 1048, § 2, eff. June 18,
1999.
Amended by:
Acts 2005, 79th Leg., Ch. 916, § 3, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1406, § 2, eff. September
1, 2007.
| All Information provided is for information purposes only. I am not an attorney nor pretend to be. All information can be found online and links are provided for you at the bottom of the page. |
Texas Family Code (Law)
The above information can be found at the above link under the chapter numbers that are shown On
this page.
| Texas Chapter of NCGCR For Children's Rights (NCGCR) Yahoo group |
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