Texas Nonparent Standing After HB 2350 and SB 2052 — What Changed

Two bills passed by the 89th Texas Legislature — HB 2350 and SB 2052, both effective September 1, 2025 — substantially changed the rules for nonparent custody cases. If you're relying on legal information written before these changes, the standing requirements and procedural gates may be different from what you've read. Here's what changed.

HB 2350: Tighter Care Requirements, Wider Family Standing

HB 2350 made two key changes to Family Code Sections 102.003 and 102.004.

Change 1: "Actual" care became "exclusive" care. Under the old §102.003(a)(9), any nonparent who had "actual care, control, and possession" of a child for six months could file for conservatorship. HB 2350 replaced "actual" with "exclusive." This means shared caregiving — where the parent still lived in the home and participated in parenting — no longer qualifies under this section. You must have been the child's sole caregiver during the six-month window, and that period must have ended no more than 90 days before you file.

The six months do not have to be continuous. But the court evaluates where the child principally lived during the relevant window. Shared or intermittent co-parenting alongside a residing parent does not satisfy this path.

Change 2: Relative standing expanded to the fourth degree. Section 102.004(a) previously allowed relatives within the third degree of consanguinity to file an original SAPCR. HB 2350 expanded this to the fourth degree. The practical addition: great-aunts, great-uncles, and first cousins now have standing to file if they meet the other requirements (both parents deceased, surviving parent consents, or significant impairment to the child).

SB 2052: The Threshold Affidavit and Fit-Parent Presumption

SB 2052 codified what courts had already been applying constitutionally since Troxel v. Granville and In re C.J.C., but it added a procedural gatekeeping mechanism.

The mandatory threshold affidavit. Every nonparent filing an original SAPCR or a modification seeking managing conservatorship must attach a sworn affidavit to the petition. The affidavit must state specific, admissible facts demonstrating that denying the nonparent relief — or leaving the child with the parent — would significantly impair the child's physical health or emotional development.

This is not optional. If the affidavit is missing, or if the facts stated in it are legally insufficient (even taken as true), the court must dismiss the case. No hearing on the merits. No chance to supplement later.

What "specific facts" means. Conclusions like "the parent is unfit" or "the child would be better off with me" are not specific facts. The affidavit needs documented events: dates of police reports, DFPS investigation findings, medical records showing injuries or neglect, school truancy records, drug test results, witness statements about specific incidents.

The evidentiary standard at trial. Even if the affidavit passes the threshold gate, the nonparent still must prove significant impairment at trial by clear and convincing evidence — a standard higher than "preponderance of the evidence" but lower than "beyond a reasonable doubt." The court gives the parent's decisions "special weight" and presumes the parent is acting in the child's best interest.

What This Means for Grandparents and Relatives

The practical impact falls on two groups:

Relatives who have been sharing a home with the parent and the child. Under the old law, co-residence with actual caregiving was enough for standing. Under HB 2350, you need to show exclusive care. If the parent was present and involved during the six-month period, you may need to pursue standing through §102.004(a) instead (which requires showing significant impairment or parental consent/death) rather than §102.003(a)(9).

Relatives filing over a parent's objection. The threshold affidavit means your case must be evidence-ready before you file, not after. You cannot file first and gather evidence later — a weak affidavit gets dismissed before discovery even starts.

How to Prepare

Start documenting now. Keep a dated log of incidents. Obtain copies of any DFPS reports, police reports, or medical records. Request school attendance records. If there are witnesses to the parent's behavior, ask whether they would provide a written statement.

The affidavit is the gatekeeper to your entire case. Time spent getting it right before filing is time saved.

Our Texas Guardianship and Custody Court Process Guide covers the standing analysis in detail, with worksheets to evaluate which standing provision applies to your situation and a template for organizing the facts your affidavit needs.

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