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| | Persons Who May Bring Modification Suit |
Party to prior suit.
Any party to the prior suit who is affected by the order or the portion of the decree to be modified may file a suit for modification. The term affected refers to one whose own legal rights or duties will be directly, and not merely incidentally, affected by the results of the suit.
Party with standing to bring SAPCR.
Any person or entity who, at the time of filing, has standing to bring a suit affecting the parent-child relationship (SAPCR) may file a suit for modification, including:
- A parent of the child.
- The child, through an authorized representative.
- A guardian of the person or estate of the child.
- A person, other than a foster parent, who has had actual possession and control of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition.
- A person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Family Code Section 161.103 or to whom consent to adoption has been given in writing under Family Code Section 162.010.
- 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, and the child's guardian, managing conservator, or parent is deceased at the time of the filing of the petition. In computing the time period, the court may not require that the time be continuous and uninterrupted, but must consider the child's principal residence during the relevant time before suit was filed.
- A person who is the foster parent of a child placed by the Department of Protective and Regulatory Services in the person's home for at least 12 months ending not more than 90 days preceding the filing of the petition. In computing the time period, the court may not require that the time be continuous and uninterrupted, but must consider the child's principal residence during the relevant time before suit was filed.
- A person who is a relative of the child within the third degree of consanguinity, if the child's parents are deceased at the time the petition is filed.
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