Imagine you have joint custody of your child with a 50/50 possession schedule. Now imagine the other parent moves in with a significant other who is helping raise your child during the weeks the child is not with you. Imagine even further that the other parent suddenly passes away and that significant other who has been living with the other parent files a lawsuit so they can have custody and visitation of your 3-year-old child. Yes, a boyfriend or girlfriend who lives with the other parent, for at least six months, has a legal right to file a lawsuit and seek custody and visitation of that child.
This fact scenario ended up at the The Texas Supreme Court because the District Judge allowed the boyfriend to have visitation with the child. The father and boyfriend filed their briefs. Many Amicus Curiae briefs were filed by non-profit organizations and foundations dedicated to protecting parental rights. One of those organizations is the newly created Texas Association of Family Defense Lawyers (TAFDA) https://www.tafda.net/find-an-lawyer, which I am a proud member. The founding member of TAFDA and I, co-authored an Amicus Curiae brief in response to another foundation's Amicus Curiae brief who argued in favor of the boyfriend having possessory conservatorship of the child and visitation rights.
The Texas Supreme Court, using some of TAFDA's arguments, concluded that "When a nonparent requests conservatorship or possession of a child, the child’s best interest is embedded with the presumption that it is the fit parent—not a court—who makes the determination whether to allow that request." The Texas Supreme Court further ruled that "The trial court thus abused its discretion in ordering, over the objection of [child's] father, that [boyfriend] be named Abigail’s possessory conservator with rights to possession of the child.
The full opinion can be found at: https://www.txcourts.gov/media/1448054/190694.pdf
This fact scenario ended up at the The Texas Supreme Court because the District Judge allowed the boyfriend to have visitation with the child. The father and boyfriend filed their briefs. Many Amicus Curiae briefs were filed by non-profit organizations and foundations dedicated to protecting parental rights. One of those organizations is the newly created Texas Association of Family Defense Lawyers (TAFDA) https://www.tafda.net/find-an-lawyer, which I am a proud member. The founding member of TAFDA and I, co-authored an Amicus Curiae brief in response to another foundation's Amicus Curiae brief who argued in favor of the boyfriend having possessory conservatorship of the child and visitation rights.
The Texas Supreme Court, using some of TAFDA's arguments, concluded that "When a nonparent requests conservatorship or possession of a child, the child’s best interest is embedded with the presumption that it is the fit parent—not a court—who makes the determination whether to allow that request." The Texas Supreme Court further ruled that "The trial court thus abused its discretion in ordering, over the objection of [child's] father, that [boyfriend] be named Abigail’s possessory conservator with rights to possession of the child.
The full opinion can be found at: https://www.txcourts.gov/media/1448054/190694.pdf
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