You may also be able to get emergency relief in the form of a protective order and follow up with a suit to modify conservatorship.
It is possible for a grandparent or other non-parent to become a managing conservator. It can be very difficult, especially if you want to be the ONLY managing conservator. The Texas Family Code says that a parent or both parents should always be a managing conservator unless it is not in the child’s best interest (because it would significantly hurt the child’s physical health or emotional development). You must prove to the court that living with you is in the child’s best interest.
A court may be more likely to appoint you managing conservator if:
- the parent has voluntarily given up the child to you or some other person or agency; or
- both of the child’s parents are dead.
There may be other reasons as well. Contact an attorney for advice and assistance. An attorney can help you file a motion to modify the court order. Read more about motions to modify. Also, check with your local law library for the forms to file the motion to modify yourself or go to www.texaslawhelp.org. The process will be much easier if the parent agrees that you should become the managing conservator.