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JASEK v. DEPT. OF FAM. & PROTECTIVE SERVS.

No. 03-10-00812-CV.

348 S.W.3d 523 (2011)

Philip JASEK and Lorine Jasek, Appellants, v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee.

Court of Appeals of Texas, Austin.

August 17, 2011.

Attorney(s) appearing for the Case

Robert Galvin , Rob Galvin, P.C., Austin, TX, for appellants.

Samuel B. Katz , Chief Appellate Prosecutor, Comal County Criminal District Attorney's Office, Rachel Linn , Assistant Criminal District Attorney, Comal County District Attorney's Office, New Braunfels, TX, for appellee.

Before Justices PURYEAR, PEMBERTON, and ROSE.

OPINION

BOB PEMBERTON, Justice.

The principal issue presented in this appeal is what constitutes the "actual control" of a child that is required to establish standing to bring a suit affecting the parent-child relationship (SAPCR) under family code section 102.003(a)(9). See Tex. Fam.Code Ann. § 102.003(a)(9) (West 2008). Appellants Philip and Lorine Jasek1 assert that they had "actual control" of the two...

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