Texas boy raised by foster family since infancy; court ends mother's rights

The appeals court ruled Section 102.005 independently governs adoption cases, exempting foster parents from the new affidavit requirement.The people who take a child into their home, look after him and are a constant presence in his growing years may form his earliest memories. For one Texas boy, that family life began just weeks after he was born when he was placed with foster parents while his biological mother was in jail. More than four years later, a legal battle over his future reached an appellate court, which upheld a ruling to terminate his mother’s parental rights. Nov. 10, 2026: The Texas Fourteenth Court of Appeals ruled to allow the foster parents’ efforts to seek adoption to go forward.A childhood in foster familyLiam, as the child is referred to in the proceedings, was born on March 10, 2022, while his mother was in prison, the Texas Fourteenth Court of Appeals said. He went to live with his foster parents in April that year and has been in their care ever since.According to the court file, the mother had signed a temporary placement agreement allowing the Loving Houston Adoption Agency to place the infant in foster care. Crucially, the Texas Department of Family and Protective Services was not a party to the proceedings which ultimately resulted in the termination case.In October 2022, the foster parents filed a lawsuit to terminate the mother’s parental rights. Later, they amended their petition to adopt, demonstrating their desire to give Liam a permanent family environment.Mother challenges the legal standing of the foster parentsEventually the case went to trial and the district court in Fort Bend County handed down its decision on May 12, 2026. The trial court terminated the mother's parental rights and named the foster parents as joint managing conservators.Records from the Texas Fourteenth Court of Appeals show the mother appealed the decision, arguing mainly that the foster parents had no legal standing to bring the case in the first place.She argued that they did not meet the requirements of two sections of the Texas Family Code: 102.003(a)(9) and 102.003(a)(12). The provisions relate to situations where non-parents can bring proceedings regarding a child based on their care, possession or foster parent status.The mother also questioned whether the foster parents had complied with a new law concerning affidavits filed by nonparents seeking relief in parent-child relationship proceedings.Why the appeals court upheld the rulingIn considering the dispute, the Texas Fourteenth Court of Appeals reviewed Section 102.005 of the Texas Family Code, which provides a separate basis for persons to seek termination of parental rights in addition to an adoption petition.Under the version of the law in effect in 2022, when the foster parents filed the petition, an adult could gain standing by demonstrating that she had actual possession and control of a child for at least two months in the three-month period before the petition was filed. The provision also recognized substantial prior contact with the child as another basis for standing.Liam had been living with the foster parents exclusively since April 2022, the appellate court noted. They also filed a petition and affidavit in support of their petition setting forth the length of care and relationship with the child.In this instance, the court found that the foster parents satisfied the relevant statutory requirements. It ruled that they were eligible under Section 102.005, and that was enough to give them standing, so it did not need to decide whether they were eligible under the other provisions the mother complained about.New affidavit requirement not applicableAnother substantial part of the Nov. 10 ruling was Section 102.0031, which became effective Sept. 1, 2025.The provision requires non-parents in certain proceedings to file an affidavit detailing how a denial of the relief requested could significantly impact a child’s physical health or emotional development.The mother argued that the foster parents’ failure to file an affidavit of service undermined their legal position.The Texas Fourteenth Court of Appeals, however, distinguished between general parental custody and visitation proceedings and cases specifically seeking termination of parental rights in conjunction with adoption.The court held that the latter category was separately regulated by Section 102.005, and that the legislature had not applied the new affidavit requirement to persons proving standing under that section. The decision was an issue of first impression for the appellate court.Appeals court affirms trial court rulingAfter reviewing the arguments and applicable legal provisions, the Texas Fourteenth Court of Appeals rejected the mother’s challenges and affirmed the lower court’s judgment.The Nov. 10 ruling affirms the termination of her parental rights and the appointment of the foster parents as joint managing conservators. The request for adoption was in the proceedings, but the appellate ruling itself did not issue a separate adoption order, it dealt with standing and affirmed the termination judgment.The ruling in the case, officially styled In the Interest of L.S., a Child, clarifies how Texas law handles foster parents seeking standing in termination and adoption proceedings.Image Courtesy: istock