Prior to the Supreme Court of Texas Opinion in In the Interest of H.S., on June 15, 2018, many family law attorneys would have told you that in order for a non-parent to have standing under Texas Family Code § 102.003(a)(9), the person would have had to have had “exclusive” care, control, and possession, of a child for six months. That is, the person would have had to have care, control, and possession of the child without any help or interruption from the legal parent. This would mean that the child would be living with the non-parent and the non-parent would be making all decisions for the child. The court made clear in In the Interest of H.S., that section 102.003(a)(9) is broader than that and that there is no “exclusive” requirement.
Texas Family Code § 102.003(a)(9) and Standing
To fully understand section 102.003(a)(9) you have to first understand what standing is. Standing is basically the ability of a person to get in front of a judge in a case and request an order. If someone does not have standing, they don’t get to bring their case to court at all. It is very difficult for a non-parent to bring a case regarding a child under the Texas Family Code because of a United States Supreme Court Case and a strong parental presumption policy in Texas. Section 102.003(a)(9) of the Texas Family Code gives a non-parent a way to have standing. It says that 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 90 days preceding the date of the filing of the petition can have standing.