Texas Divorce Attorney Blog
Texas family law has long recognized that individuals other than biological parents sometimes serve as primary caregivers for a child. In limited circumstances, those individuals could seek court intervention by filing a Suit Affecting the Parent–Child Relationship (SAPCR). However, recent statutory reforms significantly narrow that pathway, particularly for stepparents.
In 2025, the Texas Legislature enacted House Bill 2350, which amends the standing provisions of the Texas Family Code and raises the threshold for non-parent caregivers seeking access to be heard in Texas courts. The change appears technical, but it may dramatically affect stepparent custody claims in blended families.
Standing in a Suit Affecting the Parent–Child Relationship
Under Texas law, standing determines who may file a lawsuit involving custody, conservatorship, or access to a child. Before the 2025 legislative session, Section 102.003(a)(9) detailing standing for SAPCR proceedings allowed a person who had exercised “actual care, control, and possession” of a child for at least six months to file a SAPCR. That six-month period had to end no more than ninety days before the filing of the petition. Tex. Fam. Code § 102.003(a)(9).
Texas courts interpreted this provision to include certain non-parent caregivers who functioned as day-to-day parents. In many blended families, stepparents satisfied this requirement when they shared household responsibilities and child-rearing duties with the biological parent.
The Texas Supreme Court has repeatedly emphasized that standing provisions must be strictly construed. If the statutory criteria are not satisfied, the case must be dismissed regardless of the merits of the underlying custody dispute. In re H.S., 550 S.W.3d 151, 155–56 (Tex. 2018).
The “Exclusive Care” Requirement
House Bill 2350 alters that analysis in a significant way. The statute now requires that the person seeking standing must have exercised “exclusive care, control, and possession” of the child for the relevant six-month period. Tex. Fam. Code § 102.003(a)(9), amended by H.B. 2350, 89th Leg., R.S. (2025).
The distinction between “actual” and “exclusive” is not merely semantic. The prior language allowed standing when caregiving responsibilities were shared with a parent. The amended statute requires that the caregiver be the only individual exercising care and control during that period.
In practical terms, if a biological parent remained even intermittently involved in the child’s life during those six months, a stepparent may no longer qualify for standing under the statute. The change may create what the legal community is calling an “exclusive care” trap. A stepparent who has helped raise a child for years may still lack standing if the biological parent maintained occasional involvement in the child’s upbringing.
Practical Implications for Blended Families
The revised statute reinforces a longstanding principle in Texas law: biological parents generally retain superior rights regarding their children. Texas courts have consistently recognized a constitutional presumption that a parent acts in the best interest of the child. (Troxel v. Granville, 530 U.S. 57, 65–66 (2000)).
However, the new statutory language means that many stepparents who previously might have been able to pursue conservatorship or visitation will now face jurisdictional barriers before a court can even consider the child’s best interests.
A stepparent who previously shared caregiving responsibilities may find that the statutory standing requirement prevents them from filing a SAPCR at all. Because standing is determined at the time a petition is filed, early legal advice can be critical when family structures change.
Schedule a Consultation with a Texas Family Law Attorney
Families confronting complex custody or conservatorship issues should seek experienced legal guidance to understand their rights. The family law attorneys at McClure Law Group regularly handle high-conflict custody and conservatorship disputes and can advise clients on the evolving standing requirements governing Texas family courts. Set up your consultation today by calling (214) 692-8200.