Custody

The following people can file for managing conservatorship:

1. a child’s grandparent or other blood relative within the fourth degree (consanguinity), if there is “satisfactory” proof that:
   
   • it is necessary because the child’s present situation is mentally or physically harmful for the child; or
   • both parents, the surviving parent, or the managing conservator filed the petition or consented to the suit;
2. a custodian or person having the right of visitation with or access to the child who was appointed by a court order of another state or country;
3. a guardian of the child or of the child’s estate;
4. any person, other than a foster parent, relative, or designated caregiver for the child, who has had exclusive care, control, and possession of the child for at least six months, ending not more than 90 days before filing;
5. a person who was chosen as the managing conservator in an affidavit of relinquishment;
6. a person who was given written consent to adopt the child;
7. a foster parent, relative, or caregiver designated by the Department of Family and Protective Services who cared for the child for at least 12 months ending not more than 90 days before filing, unless:
   
   • the child has been returned to the parent; or
   • the child has been placed with a parent and the Department of Family and Protective Services’ request to be named conservator or terminate parental rights has been dismissed;
8. a relative of the child within the fourth degree by consanguinity if the child’s parents are deceased at the time of the filing of the petition;
9. a person who was named as a potential adoptive parent of a child by a pregnant woman or the parent of the child, even if the child hasn’t been born yet. The parent naming this potential adoptive parent must do so in a verified written statement; or
10. a person who is an intended parent of a child or unborn child under a gestational agreement, assuming that the person filing is doing so:
    
    • with the other intended parent under the gestational agreement; or
    • against the other intended parent.¹

A relative within the fourth degree or someone who has had significant past contact with the child cannot file their own petition for possessory conservatorship unless there is already an open case involving conservatorship of the child. If there is an open case, the judge can allow this person to “intervene” and ask for a possessory conservatorship if there is satisfactory proof that choosing the parent or parents as managing conservators would harm the child’s physical health or emotional development. If the request is made by someone other than a relative, the judge can grant permission to intervene only if each parent agrees.²

Note: If a non-parent wants to join (“intervene in”) a case where one of the other parties is the child’s parent, the non-parent must file an affidavit that contains evidence that denying the intervention would hurt the child’s physical health or emotional development. The evidence must be based on the non-parent’s personal knowledge. This affidavit is the document that will help the judge decide if there is “satisfactory” proof to support the non-parent’s request to join the case.³  

¹ Tex. Fam. Code §§ 102.003; 102.004(a); see also Tex. Gov’t Code § 573.023 for how to calculate degrees of consanguinity for relatives
² Tex. Fam. Code § 102.004(b), (b-1), (b-2)
³ Tex. Fam. Code § 102.0031

A sibling who is at least 18 years old can file a petition for access to a minor child. However, if the siblings are separated due to an action by the Department of Family and Protective Services, the sibling who is seeking access does not have to be 18 years old; s/he can file at any age. The judge will grant the sibling’s request if it is in the best interest of the child.¹

¹ Tex. Fam. Code §§ 102.0045; 153.551

If your parental rights were involuntarily terminated, you may be able to file in court to get back (reinstate) your parental rights if all of the following are true:

1. The termination of parental rights resulted from a court case filed by the Department of Family and Protective Services;
2. At least two years have passed since your parental rights were terminated;
3. There is no appeal of that termination order currently pending in the appellate court;
4. The child has not been adopted;
5. The child is not the subject of an adoption placement agreement; and
6. At least 45 days before you filed the petition to reinstate your rights, you notified the Department of Family and Protective Services that you planned to file the petition.¹ 

A hearing will take place within 60 days. At the hearing, even if the judge believes that it’s in the child’s best interests to reinstate your parental rights, if the child is 12 or older, the child must consent to the reinstatement and express a desire to live with you. If the child is 11 or younger on the date the petition is filed, the judge will consider the child’s age, maturity, and ability to express a preference. If the judge believes it’s appropriate for the child to tell his/her preference, this will only be one factor that the judge would consider, along with all other relevant factors.²

Note: The following people or agencies have the legal right to file the petition on your behalf to reinstate your parental rights: 

• the Department of Family and Protective Services;
• the agency that has responsibility for the child; or
• the attorney ad litem for the child.³

¹ Tex. Fam. Code § 161.302(b), (d)
​​² Tex. Fam. Code § 161.303(a), (c)(1), (c)(4), (d)
³ Tex. Fam. Code § 161.302(a)