In re H.S. (Opinion)Annotate this Case
The Supreme Court reversed the judgment of the court of appeals concluding that Grandparents lacked standing to pursue a suit affecting the parent-child relationship (SAPCR) under Tex. Fam. Code 102.003(a)(9).
Section 102.003(a)(9) confers standing to pursue a SAPCR on nonparents who have had “actual care, control, and possession of the child for at least six months.” The child at issue in this case lived in Grandparents’ home for the first twenty-three months of her life. During the last eight of those months, Grandparents were the child’s primary caretakers and providers. Grandparents filed a petition to modify a SAPCR order requesting conservatorship of the child. The trial court dismissed the petition, determining that Grandparents did not establish that they had “actual care” or “actual control” over the child for the six-month period preceding their petition filing. The court of appeals affirmed. The Supreme Court reversed, holding that Grandparents, having continuously engaged in a parent-like role on a day-to-day basis during the statutory time period, had standing to pursue a SAPCR under section 102.003(a)(9).