Parents have fundamental rights to make certain decisions regarding their children. These rights can make it difficult for a non-parent to gain custody or visitation rights to children over the objection of a fit parent in a Texas custody case. A Texas appeals court recently held a trial court could not award an unrelated person visitation and access to children when the father was fit.
The father filed for divorce in 2018. The court signed temporary orders naming the mother and father joint managing conservators of the children.
A person who was unrelated to the children, identified as “B.B.,” intervened and requested a temporary restraining order. She alleged the children had been living with her during the case. She claimed the mother had mental health problems and had physically abused one of the children. The court issued a temporary restraining order and ordered the parents not to remove the children from B.B.’s possession until a hearing occurred.