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Who has standing to file for custody in Texas?

On Behalf of | Nov 8, 2021 | Child Custody And Support

It is no secret that custody proceedings can be an emotional and difficult time in anyone’s life. Although the process may be difficult at times, seeking the best interests of a child can also be an extremely rewarding experience.

Who has standing to file for custody?

You may be wondering if you even have standing to file for custody in Texas. Luckily, the statutes surrounding who may file a petition for custody are fairly broad. While this list is not inclusive, here are a few of the main categories of people who have standing to file for child custody in Texas.

Biological parent

Naturally, if you or a loved one are a biological parent of a child, then you have standing to file for custody. This is also true of men who believe that they are the father of a child.

The government

Although not the ideal situation, in some instances government entities have the standing to file for custody. In most cases, this entity is the Department of Family and Protective Services.

Foster and adoptive parents

An individual who has written intent from the biological parent to be the adoptive parent may also file for custody. In some instances, this can occur before the child is born. Also, foster parents who have cared for the child can file for custody given certain circumstances.

Relatives of the child

A relative to the child, within the third degree by consanguinity, may also have standing. These instances may be more complex and depend on the amount of care provided by the relative, whether the parents are deceased and more.

The list goes on

Of course, these are simply a few groups of people who have standing to file for custody in Texas. However, when seeking the best interests of a child, determining your standing to file for custody is a crucial step in the process.