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Foster Parent Intervention in Greenville and Bonham

What is Foster Parent Intervention?

Foster parent intervention is when a nonparent asks to become a party to an existing CPS case. The person that files a petition in an intervention case is known as the "intervenor". An intervenor may request to "join" the parties of the case and ask to become the permanent managing conservator (legally responsible) of the child or children, or may request the court to terminate parental rights.

Who can file to Intervene as a Foster Parent?

Not just anybody can "join" or intervene in a CPS case. They must have "standing" to do so. Standing means having a legal "right" to get involved in a case. If you are not a parent you may still have standing to file into a case. Hiring an attorney or consulting with one can help you navigate the complex process involved to intervene. The following persons can file an intervention:

  • a person with court ordered access or visitation with the child
  • a man alleging to be the father
  • foster parent of the child placed by DFPS in your home for at least 12 months
  • prospective adoptive parent or intended parent of a child under gestational agreement (surrogacy)
  • have had "actual care, control, and possession" of the child for a period of at least 6 months ending not more than 90 days before the date you file
  • you have adopted a sibling
  • you are the child's grandparent, great-grandparent, sister, brother, aunt, uncle, niece, or nephew AND 
    • both parents are dead
    • both parents, the surviving parent, or managing conservator agree

This is not a complete list of people who can intervene. To read the complete list visit Texas Family Code 102.003 and 102.004

What is "actual care, control, and possession?"

The language for what the law considers "actual care, control, and possession is unclear" and you should consult with an attorney if you have questions. Our office is experienced in representing foster parents across multiple counties, and we may be able to help you.

Here is a link for further explanation on foster parent intervention. 

Requirements for a Nonparent Intervention in a CPS case by 

Jessica McDonald & Associates is experienced in foster parent intervention.

Call us to schedule a consultation at   (903) 458-9108