The law requires that a person have a specific interest in a controversy before that person can file or join a family law litigation matter.  This concept is know as standing.  Currently, a relative or designated care giver of a child placed by CPS who has had actual care, custody and control of a child for at least six months ending not more than 90 days preceding the date of the filing of a petition would have standing to bring a suit or intervene.  Another standing statute that allowed standing to seek termination and adoption original suits or interventions for anyone who had possession of a child for 60 days or substantial past contacts has been repealed. After September 1, 2025, relatives and designated care givers are grouped with foster parents and they must have 12 months of placement of the child (i.e. exclusive care, control and possession) in their home ending not more than 90 days preceding the filing of the petition.  Moreover, standing is limited if the child is returned home or the DFPS suit is dismissed under §263.401 which sets a jurisdictional time limit on CPS cases.

The following is a list of the changes to standing:

1. The pool of relatives that have standing for original suits and interventions was expanded from the third degree of consanguinity to the fourth degree of consanguinity;
2. Original suits for managing conservatorship still require proof of significant impairment to a child’s physical health or emotional development or proof that both parents or the managing conservator either filed or consented to the suit. (A Statement to Confer Standing is available in a family law case but if the case is brought by DFPS under Chapter 262 or 263 of the Texas Family Code, a Statement to Confer Standing is not allowed); 
3. Original suits requesting possessory conservatorship may not be filed by a grandparent or other relative or person  but interventions are permitted in cases where the parents present a danger of significant impairment to a child’s physical health or emotional development; 
4. A grandparent or other person within the fourth degree of consanguinity may intervene in a pending suit if there is satisfactory proof that appointment of the parents as joint managing conservators or a parent as sole managing conservator would significantly impair the child’s physical health or emotional development or proof that both parents consented to the suit;
5. A person other than a grandparent or relative within the fourth degree of consanguinity who has had substantial past contact (and 12 months of exclusive possession prior to filing) with the child may request leave to intervene on the same showing of impairment.  However, each parent will have to consent to the intervention;
6. A foster parent, relative or designated care giver of a child placed by CPS may only be granted leave to intervene if they have had placement for at least 12 months;
7. The shorter period of standing to seek termination and adoption for persons having actual possession and control for at least two (2) months and other persons who the court determines to have had substantial past contact have been repealed; and.
8. The provision that allows for a post termination original suit by a family relative has been expanded to the fourth degree of consanguinity.  This means that if the parent child relationship has been terminated, specific family members can file suit seeking managing conservatorship if they do so within 90 days of the rendition of the order of termination. This means 90 days from the date the decision was pronounced, rather than the date the Order was signed. This expanded family group now includes grandparents, great grandparents, grandchildren, first cousins, first cousins once removed, uncles, aunts,  great aunts, great uncles, grandnieces and grandnephews.

What this means is certain classes of people with placement or exclusive care custody and control of children will soon have much more difficult standing requirements in order to participate and seek relief in legal proceedings involving another parent’s child. These new standing requirements apply only to suits filed after September 1, 2025.

If you have been thinking about taking legal action in one of these kinds of cases, you should consult with one of our experienced CPS and Family lawyers as soon as possible.