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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10284
Experience:  Experienced Family Law Attorney
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I live in Texas and I want to file a Petition SACPR (Suit

Customer Question

I live in Texas and I want to file a Petition SACPR (Suit Affecting Child Parent Relationship). I am filing for a 9 year old little girl. I used to be married to her grandfather and he had custody when we were in CA.
JA: Has anything been filed or reported?
Customer: Not in Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to file because I have been doing more than my fair share to take care of her. Do I have a right to file?
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 8 months ago.

Which court issued the original child custody orders?

Customer: replied 8 months ago.
CA....in 2010 but we moved to Texas in 2013. I was married to her grandfather then but now we are divorced
Expert:  LegalGems replied 8 months ago.

Thank you;

CA would have jurisdiction under the UCCJEA (the federal jurisdictional child custody at) unless all parties move out of the home state, in which case the new state could assume jurisdiction.

If the grandfather had custody, then generally the other spouse would be treated as a step parent. A step parent has standing to sue if the child resided with that person 90 days prior to the filing of the suit:

Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An original suit may be filed at any time by:

(1) a parent of the child;

(2) the child through a representative authorized by the court;

(3) a custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country;

(4) a guardian of the person or of the estate of the child;

(5) a governmental entity;

(6) the Department of Family and Protective Services;

(7) a licensed child placing agency;

(8) a man alleging himself to be the father of a child filing in accordance with Chapter 160, subject to the limitations of that chapter, but not otherwise;

(9) 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;

(10) a person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Chapter 161 or to whom consent to adoption has been given in writing under Chapter 162;

(11) a person with whom the child and the child's guardian, managing conservator, or parent have resided for at least six months ending not more than 90 days preceding the date of the filing of the petition if the child's guardian, managing conservator, or parent is deceased at the time of the filing of the petition;

(12) a person who is the foster parent of a child placed by the Department of Family and Protective Services in the person's home for at least 12 months ending not more than 90 days preceding the date of the filing of the petition;

(13) a person who is a relative of the child within the third degree by consanguinity, as determined by Chapter 573, Government Code, if the child's parents are deceased at the time of the filing of the petition; or

(14) a person who has been named as a prospective adoptive parent of a child by a pregnant woman or the parent of the child, in a verified written statement to confer standing executed under Section(###) ###-####/a>, regardless of whether the child has been born.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 8 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Customer: replied 8 months ago.
We are going to file SAPCR suit affecting parent child relationship. The grandfather is willing to sign a waiver and the mother is too.
Expert:  LegalGems replied 8 months ago.

Oh, very good to hear that everyone is cooperating; did you have any other questions on the above or does that meet your needs?