Texas Department of Protective And Regulatory Services v. Sherry

Following the death of C.S.C.s mother, Charles Sherry filed a suit affecting the parent-child relationship (SAPCR) in an attempt to establish his paternity and acquire managing conservatorship of C.S.C. The district court dismissed Sherrys paternity claim, see Tex. Fam. Code § 160.007 (a) (1), and ruled that because Sherry did not meet the requirements of Texas Family Code § 102.003, he did not have standing to bring the SAPCR. The court of appeals reversed, holding that Sherry had a constitutional right to establish paternity. ___ S.W.3d ___, ___. The Texas Department of Protective and Regulatory Services petitioned for review. We conclude that Sherrys paternity suit is barred and that he does not have standing to bring a suit affecting the parent-child relationship. Accordingly, we reverse the court of appeals judgment and dismiss Sherrys claims.