In the Interest of S.C.S.

I respectfully dissent from the majority opinion on three distinct grounds. First the application of Family Code section 157.005 is retroactive and consequently prohibited by the Texas Constitution. Second, the trial court had lost jurisdiction to hear this case and therefore could not “retain” what it did not have. Third, the majority effectively holds that the supreme court’s decision in Huff v. Huff, 648 S.W.2d 286 (Tex.1983), is no longer controlling in Texas and ignores a residual 10-year limitations statute.

Appellant argues the new section 157.005 of the Family Code constitutes a…