Changes to Texas Family Code Limit Nonparent Standing in Custody Cases

There are many reasons why children might live with adults beside their biological parents. Grandparents and other relatives are often called on to help care for young people. Following a divorce or separation, mothers and fathers could find a new partner who takes a parental role. In cases such as these, custody issues can arise if a nonparent caregiver wants to retain access to a child after they no longer live in the same home. A threshold legal issue in these matters is whether the nonparent has standing to pursue their case in court.

Previously, the Texas Family Code granted standing to adults who spent at least six months providing actual care for the child(ren) at issue. This standard reflected many situations where a family member, step-parent or nonmarital partner shared child-rearing duties with one of the youth’s legal parents. 

However, a major change has occurred. Instead of actual care, control and possession of a child, the law now requires six months of exclusive care for a nonparent to have legal standing. An adult who shared an equal caregiving role with a youth’s legal parent seemingly will not have the ability to petition for custody or visitation rights, regardless of their emotional bond with the child. This shift is designed to reduce third-party custody litigation except in the most compelling circumstances where a nonparent acted as sole caregiver for an extended period of time.

Another major revision eliminates the longstanding provision that allowed a step-parent or non-biological partner to pursue custody upon the death of the legal parent with whom they lived. This shift in Texas family law strengthens the rights of biological parents even when their son or daughter primarily lived with someone else. Blended families might want to consider proactive steps to establish a legal relationship through adoption and termination of the parental rights of a biological mother and father who is not a part of the child’s life.

Texas has also made the Expanded Standard Possession Order (ESPO) the default schedule when parents live within 50 miles of each other. This framework for access and possession offers additional time for noncustodial parents to spend with their children. Previously, a parent had to affirmatively elect ESPO, which it provides Thursday overnights and extended weekend possession. Under the 2025 update, courts start with ESPO automatically unless the evidence shows it would be impractical or inappropriate. 

Grob & Associates Law Firm PC in Rockwall and Wylie advises North Texas residents on child custody issues and other family law concerns. For a consultation, please call 972-777-5701 or contact us online.