L-R Elisa Reiter and Daniel Pollack. Courtesy Photos Should Courts Umpire Third Party Custody Disputes?
"Should a third party or grandparent seek conservatorship over the objection of the children's parents, such a litigant must present facts in a verified affidavit, persuasively indicating that the child's parent is unfit," write columnists Elisa Reiter and Daniel Pollack.
February 23, 2024 at 11:00 AM
9 minute read
Third party custody can happen if parties agree to such a delegation of rights, as well as when a child's biological parents have their parental rights terminated, when said parents are declared unfit to care for their child, or when parents choose to give up their parental rights voluntarily. In Texas, in a post-In re C.J.C. world, how do we grapple with custody issues regarding minor children when the best candidate for conservatorship is not a parent? In the recent case of In the Interest of I.S.P., the First District Court of Appeals dealt with such issues. The key question: How can an attorney prove standing and privity, particularly when a child is not yet six months of age when litigation begins?
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