Relating to suits affecting the parent-child relationship between a parent and a nonparent.

Contracts

• Client Engagement Letters: Update retainer agreements for nonparent clients to explicitly disclaim the risk of mandatory dismissal and the heightened "clear and convincing" evidentiary burden.
• Settlement Agreements: Note that under Section 156.008, prior agreed orders (where a parent consented) can no longer be used to overcome the fit parent presumption in future modification suits.

Hiring/Training

• Intake Protocols: Intake staff and junior associates must be trained to screen specifically for "significant impairment" facts during the initial consultation. If these facts are absent, the case cannot be filed.
• Litigation Strategy: Legal teams must adjust trial preparation to meet the "clear and convincing" standard, requiring more robust evidence gathering earlier in the lifecycle of the case.

Reporting & Record-Keeping

• Mandatory Affidavit (Sec. 102.0031): You must implement a standardized affidavit form to be filed *simultaneously* with the initial pleading. This document must attest that denying relief would significantly impair the child's physical health or emotional development and list specific supporting facts.
• Source Documentation: Because the affidavit allows for facts based on "representations made... by a person with personal knowledge," you must document the identity and credibility of these third-party sources in the client file to survive challenges.

Fees & Costs

• Malpractice Insurance: Review professional liability coverage. The statutory requirement for the court to dismiss suits lacking the proper affidavit creates a direct line to malpractice claims.
• Litigation Costs: Expect higher costs associated with evidence gathering to meet the elevated burden of proof.