Texas Divorce Attorney Blog
Under Texas family law, certain close relatives of a child may seek managing conservatorship if they can sufficiently show the child’s current circumstances would significantly impair the child physically or emotionally. Tex. Fam. Code Ann. § 102.004(a)(1). A sister recently sought custody of her siblings, asserting standing under § 102.004(a)(1).
Children’s Sister Seeks Custody After Mother’s Death
According to the appeals court’s opinion, the adult sister filed suit seeking to be named the sole managing conservator of her minor siblings a few weeks after her mother’s death. She claimed she had standing to bring the suit because she was their sister and had “a close and substantial relationship with the children.”
The father asked the court to dismiss the case for lack of standing. The sister amended her suit to claim standing pursuant to Tex. Fam. Code § 102.004(a)(1). The sister attached to her brief a copy of her mother’s will, which named the sister and her husband as the children’s guardians. The father attached a letter to his own brief which showed the Texas Department of Family and Protective Services (“Department”) had ruled out allegations of abuse against him.