Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 102. FILING SUIT
Texas Codes

Tex. Fam. Code § 102.0031 (2026)

Required Affidavit For Standing Of Nonparent

✓ laws through the 89th Legislature (2025)
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Sec. 102.0031. REQUIRED AFFIDAVIT FOR STANDING OF NONPARENT. (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).

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

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2025–2026 · leading case: In Re S.N. v. the State of Texas, No. 02-25-00525-CV (Dec. 22, 2025).
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In Re S.N. v. the State of Texas, No. 02-25-00525-CV (Dec. 22, 2025). · cites it 3× “1 See Tex. Fam. Code Ann. § 102.0031 . We agree that the trial court abused its discretion by denying Mother’s motion to dismiss and conditionally grant her petition for writ of mandamus.”
In Re M.S. v. the State of Texas, No. 02-26-00016-CV (Jan. 20, 2026). “––––, –––– (to be codified as Tex. Fam. Code §§ 102.0031, 153.002, 153.”
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