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Nonparent Custody in Texas: Who Can File and What You Must Prove

Caregiver helping a child at home

If you are raising a child who is not your own, such as a grandchild, niece, nephew or a friend’s son, Texas does let you ask a court for custody. It is also one of the hardest custody cases to win. You need legal standing first. Then you must overcome the legal presumption that a parent should raise the child.

This guide explains who qualifies, what the court requires, what orders look like and what to do before you file.

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TL;DR

  • A nonparent can file for custody in Texas only with legal standing. The most common route is having had exclusive care, control and possession of the child for at least six months, ending no more than 90 days before you file.
  • A nonparent must file an affidavit with the first pleading. Without it, the court must dismiss the case.
  • Texas presumes a fit parent should be the child’s managing conservator. You must show that placing the child with the parent would significantly impair the child’s physical health or emotional development.
  • If a parent agrees, a signed authorization agreement may cover school and medical decisions without a court case.
  • Custody orders must be clear and workable. Vague terms cause problems later.

Table of Contents

What “nonparent custody” means in Texas

Texas courts call custody “conservatorship” and the lawsuit a suit affecting the parent-child relationship (SAPCR). A conservator has rights and duties toward a child. A managing conservator makes the main decisions. A possessory conservator has court-ordered time with the child.

A nonparent can be named either one, but only after the court finds the case belongs in front of it. The Texas Law Help conservatorship guide explains that one parent, or sometimes a nonparent, can be named sole managing conservator when there is good reason.

Two terms matter most for you:

  1. Standing: your legal right to file at all.
  2. The parental presumption: the starting assumption that a fit parent acts in the child’s best interest.

If you want the basics of how the two kinds of custody differ, see our explanation of legal vs. physical custody in Texas.

Step one: do you have standing?

Caring for a child does not automatically let you file. Texas Family Code § 102.003 lists who may file an original suit. For most nonparents, the key provision is this: you had actual care, control and possession of the child for at least six months, and that period ended no more than 90 days before you file.

Six-month care period and 90-day filing window

The same section also gives standing to certain other people, including some relatives within the fourth degree of consanguinity in specific circumstances, such as when the parents have died or consent to the suit. The statute has several categories, and which one fits you depends on your relationship to the child.

Examples of how the six-month rule plays out

  • A grandmother has had her grandson full time since January. In August she has passed the six-month mark and may have standing, as long as she files within the 90-day window after the child stops living with her, or while the child still lives with her.
  • An aunt kept her niece for a few weekends a month for a year. That is regular help, but it is probably not exclusive care, control and possession.
  • A family friend took in a teenager six months ago, but the child went back to the parent eight months ago. The 90-day window has closed, so this route is likely gone, and other standing grounds need review.

These are illustrations, not predictions. Dates, living arrangements and who paid for what all become evidence. Start keeping a record today. Our article on the six-month care test for grandparents’ rights goes deeper on that timeline.

Step two: the required affidavit

Texas adds a second gate. A nonparent who files or intervenes in a case where a parent is another party must sign an affidavit and serve it with the pleading. In it, you state facts showing that denying your request would significantly impair the child’s physical health or emotional development. The research on the statute makes the stakes plain: without the affidavit, the court is required to dismiss the case (Family Code § 102.003 and related provisions).

What a strong affidavit looks like:

  • It states specific facts, not conclusions such as “the mother is unfit.”
  • It gives dates, places and events.
  • It describes the effect on the child, such as missed medical care, school absence or unsafe living conditions.
  • It stays factual and avoids insults toward the parent.

Step three: overcoming the parental presumption

This is where most nonparent cases are decided. Under Family Code § 153.131, a parent is presumed to be the appropriate managing conservator. To rebut that presumption, you must show by evidence that appointing the parent would significantly impair the child’s physical health or emotional development.

It is not enough to show that you are the better caregiver, have a nicer home or earn more. The question is what harm the child faces in the parent’s care.

Evidence courts look for

The statute does not hand you a checklist, but the kinds of facts that commonly matter include:

  • Documented neglect, such as missed medical appointments or no stable housing.
  • Substance abuse that affects supervision.
  • Family violence or exposure to a dangerous household member.
  • A parent who has left the child with you and provided little or no support.
  • School records, medical records, photographs, messages and witness statements that support those facts.

What about abandonment?

People often ask how long a parent must be absent to count as abandonment. There is no single clock. Under Chapter 161 of the Family Code, grounds for terminating parental rights include voluntarily leaving a child in someone else’s possession without providing adequate support for at least six months, as well as conduct that endangers the child. Termination is a separate and much more serious case than custody. Still, the behaviors the statute describes show what courts take seriously, so they are relevant to what you document.

Why courts move carefully

Texas courts treat the right to raise your children as fundamental. In a 2025 case summary, the Texas Supreme Court said that protective orders barring parent-child contact for more than two years require clear and convincing evidence, the same heightened standard used in termination cases. That ruling concerned protective orders, not nonparent custody, but it shows how seriously the court views anything that separates a parent from a child.

Plan for a thorough process. Texas Law Help describes nonparent conservatorship as an uncommon and demanding remedy in a system that favors parents. Prepare evidence, not just a heartfelt story.

Do you need a court order at all?

Sometimes a lawsuit is not necessary. If a parent is willing to cooperate, an authorization agreement may solve the day-to-day problem.

Per Texas Law Help, a parent can sign an “Authorization Agreement for Nonparent Relative or Voluntary Caregiver.” It can let the caregiver:

  • Consent to medical treatment.
  • Enroll the child in school or daycare.
  • Get insurance for the child.
  • Apply for public benefits for the child.

It does not cover everything. Texas Law Help notes it does not authorize consent to abortion or emergency contraception. At least one parent and the nonparent must sign.

Authorization or custody order: how to choose

Situation Authorization agreement Custody suit (SAPCR)
Parent agrees and stays in contact Often enough Possible, by agreement
Parent can revoke at any time Risk remains Order is enforceable by the court
Parent is unsafe or refuses to cooperate Not suitable The route to consider
You need child support ordered Does not create support A custody order is required first

One more point for anyone hoping to receive support for the child: the Office of the Attorney General states that Texas law requires a custody order before a judge can order child support in cases like these. We cannot confirm the exact page wording here, so check with the OAG or an attorney for your situation before relying on this.

What the final order should say

Winning is only the first part. The order you leave court with governs your daily life for years. Justice Evan Young of the Texas Supreme Court wrote that orders defining the authority of adults caring for children should be expressed with maximum clarity. He warned against terms that leave the arrangement unworkable, such as conditioning visitation on a child’s agreement without a way to communicate.

When you review a proposed order, check:

  1. Who holds which rights: medical, educational and residence decisions.
  2. Visitation schedule: exact days, times, exchange locations and holidays, not “reasonable visitation.”
  3. Communication: how and when the parent can call or message the child.
  4. Support: whether any child support is ordered and who pays.
  5. Conditions: any supervision or safety terms, written so they can be enforced.
  6. Travel: whether you can travel with the child, and what each person needs for documents.

Travel is a practical example. If you will need a passport for a child in your care, the paperwork depends on what the order says about who consents. This overview of U.S. child passport options after divorce shows the type of consent issues that arise when parents are separated, and the same questions apply when a nonparent holds custody.

You can see what a workable plan looks like in our guide to a court-ready parenting plan in Texas, and in our piece on enforceable supervised visitation orders if safety is an issue.

Duties you take on after winning

Custody brings obligations. As a conservator you generally must keep the other conservators informed of significant changes in the child’s health, education and welfare. The Texas Law Help nonparent order form lays out the structure of a nonparent order, including the parenting plan. Read its terms. If someone in your household is subject to a final protective order, discuss that with your attorney before you file, since it can affect the case.

Failing to follow the order can invite enforcement or a modification suit. For how that works, see our child custody and support practice page.

Our perspective

We see the same pattern in nonparent cases. A caring relative has been raising a child for months, sometimes years, and assumes the paperwork will be simple. It rarely is, and the people who do best are the ones who prepared early.

Our advice is practical:

  • Document from the first day. Keep a calendar of where the child sleeps, who pays for what, and who takes the child to the doctor and school.
  • Be fair about the parent. Judges respond to facts about the child’s welfare. Anger toward a parent does not help your case.
  • Ask what the child needs, not what you deserve. The legal question is about the child’s health and development.
  • Choose the lightest tool that works. If a parent will sign an authorization, that may be enough for now. If not, a court order gives you stability.
  • Insist on a clear order. Specific schedules and decision-making terms prevent the next fight.

Clear communication and a visible plan are central to how we work. You should always know where your case stands and what comes next.

— Giri

How we can help

The Law Office of Anna Din serves families in The Woodlands, Houston and surrounding Texas communities. Our work covers child custody and support, including modifications and enforcement. If you are caring for a child and are unsure whether you have standing, a consultation is the right place to start. We can review your timeline and evidence and explain the options. You can also reach us through our website.

Before you file: a short checklist

  1. Write down the date the child began living with you and any gaps.
  2. Gather school, medical and financial records showing you provided care.
  3. Collect messages and statements that show the parent’s involvement or absence.
  4. Note specific safety or health concerns, with dates.
  5. Find out whether the parent will sign an authorization agreement.
  6. Check whether any protective order involves anyone in your home.
  7. Consult a Texas family law attorney before filing, because the affidavit and the filing deadline can end a case early.

If the underlying issue is family violence, see our overview of how to get a protective order in Texas. For how courts weigh these issues in general, read what Texas courts actually consider in custody cases.

FAQ

Can a grandparent or relative get custody in Texas?

Yes, if they have standing. The most common route is six months of exclusive care, control and possession ending within 90 days of filing. They must also file the required affidavit and then persuade the court that placing the child with the parent would significantly impair the child.

How long does a parent have to be absent to count as abandonment?

There is no single number. Texas law looks at conduct, such as leaving a child with another person without adequate support for at least six months, among other grounds. Abandonment is part of termination law, which is a separate and higher-stakes case than a custody suit.

Can a nonparent get custody if the parent objects?

It is possible, but difficult. You must have standing and rebut the presumption that the parent should be managing conservator. The evidence has to show significant impairment to the child’s physical health or emotional development, not just that your home is better.

Can I make school and medical decisions without going to court?

Often yes, if a parent signs an authorization agreement for a nonparent caregiver. It covers many everyday decisions, but it depends on the parent’s cooperation and does not create a court order. If the parent will not sign or may change their mind, talk with an attorney about a custody suit.

Sources

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