In re P.R.
No. 02-25-00543-CV, 2025 WL 3559018 (Tex. App.—Fort Worth 2025, orig. proceeding) (mem. op.) (12-11-2025)
Facts: Mother and Father were married but Mother died shortly after the Child was born. Father later married Stepmother, but she moved out. Father petitioned for divorce asserting there were no children of the marriage. Stepmother filed a counterpetition seeking conservatorship of the Child. Father challenged Stepmother’s standing.
Holding: Writ of Mandamus Conditional Granted.
Opinion: At the time of filing, the prior version of the statute applied, requiring “actual” care, control, and possession for at least six months ending not more than 90 days preceding the petition. Although Stepmother had actual care, control, and possession of the Child, she did not share a principal residence with the Child within the 90 days of her petition. The timeframe for determining standing in the SAPCR had to be calculated based on her amended counterpetition, which did not relate back to the original counterpetition for divorce.
Facts: Mother and Father were married but Mother died shortly after the Child was born. Father later married Stepmother, but she moved out. Father petitioned for divorce asserting there were no children of the marriage. Stepmother filed a counterpetition seeking conservatorship of the Child. Father challenged Stepmother’s standing.
Holding: Writ of Mandamus Conditional Granted.
Opinion: At the time of filing, the prior version of the statute applied, requiring “actual” care, control, and possession for at least six months ending not more than 90 days preceding the petition. Although Stepmother had actual care, control, and possession of the Child, she did not share a principal residence with the Child within the 90 days of her petition. The timeframe for determining standing in the SAPCR had to be calculated based on her amended counterpetition, which did not relate back to the original counterpetition for divorce.