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Getting conservatorship of a child in Texas

In Texas, it may be possible for a non-parent relative of a child to get managing or possessory conservatorship of that child. There are two criteria that must be met before a relative is able to get managing conservatorship of a child. First, there must be proof that the child is currently or would suffer mental or physical harm by staying in the custody of his or her parents.

Furthermore, the person filing the petition must have had cared for or had possession of the child for six months not ending more than 90 days prior to filing. Alternatively, the person filing may have lived with the child for six months ending no more than 90 days before filing and the child's guardian, managing conservator or parent is dead at the time that the petition was filed.

Anyone who is related to the child or who has otherwise had contact with the child in the past may file for possessory conservatorship. Such a petition may not be filed if there is an open case related to conservatorship of the child. However, a judge may allow a grandparent to ask for custody if it is in the best interest of the child regardless of whether there is a case ongoing.

If a relative or any other party who has a relationship with a child wants visitation or custody of the child, it may be best to talk to an attorney who has experience in family law matters. Counsel can review the facts in the case to determine if an individual may make a claim for custody or visitation rights. In some cases, a court will allow a relative or other person close to the child to be its legal guardian if it is in the child's best interest.

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Turner, Bruce E.
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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

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