Who Can File a Suit Affecting Custody?
In order to bring a suit that affects the custody of child, you must have “standing.” Standing is the ability to bring a suit in front of the court. The Texas Family Code sets out who is eligible to bring an original Suit Affecting the Parent-Child Relationship (SAPCR).
A parent of the child has the right to file an original SAPCR. The parent can be either the biological parent or a parent determined by the court (i.e. adoption). However, someone who has terminated their parental rights to the child may not bring an original SAPCR. Someone who has given consent to adopt the child may bring a suit upon the child’s behalf.
The child may file an original SAPCR through an authorized representative. The representative may be the legal guardian of the child’s person or estate or an attorney ad litem. An attorney ad litem appointed to the child may also file an original SAPCR. Also, a person from another state or country that has been granted visitation rights by a court has standing to bring an original SAPCR.
Governmental entities, authorized agencies, and licensed child-placing agencies all have standing to bring an original SAPCR on behalf of a child. Common entities and agencies that bring suit are the State, the Attorney General, and the Department of Family Protective Services or a child-placing agency approved that has been approved by the Department.
A person that has had the proper actual care, custody, and possession of child for more than 6 months may be eligible to bring a suit on behalf of that child. In determining whether someone is actually caring for the child, the person bringing suit must show that the parent relinquished parental responsibilities and stopped caring for the child. Sometimes, a court may take into consideration the financial care given to the child and participation in important decisions for the child. Control over the child has not been clearly defined by the Texas courts. Some courts may find that a person’s ability to direct and restrict the child’s actions is enough to prove actual control of the child. Other courts have held that a person must have the ability to make decisions of legal importance to show actual control over the child. Possessing the child must not violate any court orders, but does not necessarily require consent from the parents. Actual care, control, and possession of the child are all required to bring an original SAPCR in front of the court.
Someone that has resided with the child and a parent or other legally authorized caregiver of the child, for at least 6 months may file an original SAPCR if the parent or person legally authorized caregiver of the child is deceased with the SAPCR is filed. Also where a child has been placed in a foster home by the Department of Family Protective Services for more than 12 months, the foster parent is eligible to bring suit on behalf of the foster child.
Family members related to the child within the third degree may file an original SAPCR on the child’s behalf. Relatives of the third degree include: brothers, sisters, grandparents, great-grandparents, aunts, uncles, nieces, nephews. Grandparents may have additional grounds to bring suit if they can show that the child’s present circumstances cause significant impairment of the child’s physical or emotional development.
Texas Family Code Statutes:
- § 101.032 – Suit Affecting Parent-Child Relationship
- § 102.003 – General Standing to File Suit
- § 102.004 – Standing for Grandparent or Other Person
For more information about who can file a custody suit, reach out to our family law firm. We are happy to answer your questions.