SB2052

A nonparent filing or intervening in a suit affecting the parent-child relationship, when another party is the child’s parent, must execute and serve an affidavit with the initial pleading. The sworn statement must allege that denying the requested relief would significantly impair the child’s physical health or emotional development and give supporting facts. It may rely on the nonparent’s personal knowledge or information supplied by someone with personal knowledge; a bare statement of belief is not the new provision’s wording. Unless the court finds adequate supporting facts in the affidavit, it must deny relief and dismiss the suit or strike the intervention, as applicable. Final law, new 102.0031.

Separately, the law presumes in a parent-versus-nonparent suit that a parent acts in the child’s best interest and that parental care, custody and control serve that interest. The nonparent may overcome this presumption by clear and convincing evidence that denying the requested relief would significantly impair physical health or emotional development. That standard means proof producing a firm belief or conviction in the fact-finder; it is not enough merely to prefer the nonparent’s proposed arrangement. Passing the affidavit screen does not itself establish that the nonparent wins. Final law, 153.002; Proof-standard definition.

If the court grants relief to the nonparent, its order must state the specific facts supporting the significant-impairment finding and how far the nonparent overcame the presumption. The best-interest rule remains; the act does not make the parent’s position conclusive or forbid all nonparent relief. “Parent” is a legal category that includes adoptive parents, not simply a label for biological relatives. Final law; Parent definition; Previous best-interest provision.

In a suit to modify an existing order between a parent and a nonparent, a nonparent who is required to overcome the new presumption must do so by clear and convincing evidence. The nonparent cannot overcome it on the basis of an earlier order granting nonparent relief when the parent agreed to that order. The act retains the phrase “if required”; it does not say every existing order is invalid, automatically reopen final orders or itself award custody to anyone. Final law, new 156.008.

Changes during passage: The introduced bill already proposed the parental presumption and clear-and-convincing standard. Its modification provision would have treated the presumption as rebutted if it had been rebutted in the earlier order concerning the same child. The Senate committee substitute replaced that provision with the final conditional proof requirement and the restriction on relying on a parent-agreed order. It also added the initial affidavit screen and required specific findings in an order granting nonparent relief. Those changes survived unchanged through the Senate-passed, House-committee and enrolled texts. The amendment index lists no floor amendments; this was a committee-substitute change. Introduced; Senate substitute; Senate-passed; House committee; Final law; Version index; Amendment index.

The act applies to covered suits pending in a trial court on or after September 1, 2025, as well as suits filed on or after that date—not just newly filed cases. It changes the listed statutes, not every rule governing who may sue, grandparent access or modification. Earlier law already contained parental protections and separate grandparent requirements. This explanation describes SB2052’s enacted rules; it does not resolve how every separate provision applies together in a particular case or claim that parental protections began with this act. Final law, section 4; Existing parent-appointment presumption; Separate grandparent affidavit rule; Separate grandparent-access standards.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Parents gain an express screening requirement and proof standard against covered nonparent requests. Grandparents and other nonparents seeking relief may need more evidence and must prepare the required affidavit; courts must screen it and explain qualifying relief in their orders. Children can still receive nonparent relief when the applicable standards are met. The act does not guarantee any family’s outcome or establish whether it will reduce litigation or improve child welfare. Final law.

The April 10 committee-substitute fiscal note anticipates no significant state or local-government fiscal impact and assumes costs can be absorbed with existing resources; the March 25 introduced note reaches the same budget conclusion. Neither estimate measures families’ legal fees or guarantees no additional private burden. The act provides no new appropriation. Substitute fiscal note; Introduced fiscal note.