Custody Rights FAQ | Texas Family Law Powerhouse

Question 1

Can a Texas court give custody or decision-making rights to someone other than the biological parent?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including In the Matter of the Marriage of Gertha Marie Chatman and Kraton Dorrell Chatman and In the Interest of A.M.H. and A.L.H., Children. Standing is a jurisdictional threshold that can be cured by the passage of time; a nonparent who fails the six-month residency requirement today may acquire standing through a subsequent filing once the timeframe is met. However, establishing standing does not guarantee custody, as nonparents must overcome the powerful 'parental presumption' with specific evidence of significant impairment to the child, rather than mere 'best interest' comparisons or vague lifestyle grievances.

Question 2

Is there a legal presumption that keeping a child with their natural parent is in the child's best interest?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including In The Interest of K.F.N., K.D.N., and K.N., Children. A parent-child bond does not act as a "veto" against the termination of parental rights; courts prioritize a child's need for a safe, drug-free environment over emotional ties when a parent has a history of endangerment or ongoing substance abuse.

Question 3

Who can be appointed as managing conservator in Texas and what are their rights?

Accepted Answer

This question has been addressed in 7 Texas court opinion(s), including IN THE INTEREST OF T.F., A CHILD. In parental termination cases, an appointed attorney’s obligation to their client is extensive; filing an Anders brief due to a lack of merit does not automatically permit the attorney to withdraw. Counsel must remain on the case through the Texas Supreme Court stage unless they can demonstrate specific 'good cause'—such as a conflict of interest—that is independent of the appeal's lack of merit.