S.B. No. 2052 amends the Texas Family Code to establish new requirements for nonparents involved in suits affecting the parent-child relationship. A new section, 102.0031, mandates that nonparents must submit an affidavit with their initial pleading, attesting that denying their requested relief would significantly impair the child's physical health or emotional development. The court is required to dismiss the suit or strike the intervention unless the affidavit provides adequate supporting facts. Additionally, Section 153.002 introduces a rebuttable presumption that a parent acts in the best interest of their child, which nonparents can overcome by proving, with clear and convincing evidence, that denying their request would harm the child.

Furthermore, Section 156.008 outlines additional requirements for modification suits between parents and nonparents, emphasizing that nonparents must meet the same clear and convincing evidence standard to overcome the presumption of the parent's best interest. They cannot rely on prior orders granting relief if the parent had agreed to those orders. The changes will apply to any relevant suits pending or filed on or after the effective date of September 1, 2025.

Statutes affected:
Introduced: Family Code 153.002, Family Code 156.101 (Family Code 153, Family Code 156)
Senate Committee Report: Family Code 153.002 (Family Code 153, Family Code 156)
Engrossed: Family Code 153.002 (Family Code 153, Family Code 156)
House Committee Report: Family Code 153.002 (Family Code 153, Family Code 156)
Enrolled: Family Code 153.002 (Family Code 153, Family Code 156)