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§ 35.1 General Standing to File Original Suit

A grandparent may file an original suit affecting the parent-child relationship at any time if the grandparent falls within one of the categories of persons listed in Texas Family Code Ann. § 102.003(a) (Vernon Supp. 2001). The following categories may apply to a grandparent: 

1. 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;

2. A guardian of the person or of the estate of the child;

3. 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 ninety days preceding the date of the filing of the petition;

4. A person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Code chapter 161 or to whom consent to adoption has been given in writing under Code chapter 162;

5. 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 ninety days preceding the date of the filing of the petition, if the child’s guardian, managing conservator, or parent is deceased at the time the petition is filed;

6. A person who is the foster parent of a child placed by the Texas Department of Protective and Regulatory Services in the person’s home for at least twelve months ending not more than ninety days preceding the date of the filing of the petition; or

7. A person who is a relative of the child within the third degree by consanguinity if the child’s parents are deceased at the time of the filing of the petition.

In computing the time necessary for standing under the provisions in items 3., 5., and 6. above, 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 the suit is begun. Texas Family Code § 102.003(b).

If the parent-child relationship between the child and every living parent of the child has been terminated, a grandparent related by blood, adoption, or marriage to a former parent whose parent-child relationship has been terminated or to the biological father of a child may not file an original suit. This limitation does not apply if the grandparent has a continuing right to possession of or access to the child under an existing court order or has the consent of the child’s managing conservator, guardian, or legal custodian to bring to suit. Texas Family Code § 102.006 (1996).