Texas Family Code

§ 102.0031 — REQUIRED AFFIDAVIT FOR STANDING OF NONPARENT

FA § 102.0031Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part A. GENERAL PROVISIONS · Ch. 102. FILING SUIT

Statute text

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(a)A nonparent who files or intervenes in a suit affecting the parent-child relationship in which another party to the suit is a parent of the child shall execute and serve with the nonparent's initial pleading an affidavit that:

(1)attests, based on the nonparent's personal knowledge or representations made to the nonparent by a person with personal knowledge of the matter, that denying the relief sought would significantly impair the child's physical health or emotional development; and

(2)contains facts that support the allegation under Subdivision (1).

(b)The court shall deny the relief sought and dismiss the suit or strike the intervention, as applicable, unless the court determines, based on the affidavit, that the affidavit contains facts adequate to support the allegation under Subsection (a)(1).

Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 236 (S.B. 2052), Sec. 1, eff. September 1, 2025.