In the Interest of M.A.L., a Child

Summary

The Texas Seventh Court of Appeals affirmed an order appointing the father, mother, and stepfather as joint managing conservators and granting the stepfather authority to designate the child's primary residence. The court held that the parental presumption under Texas Family Code section 153.131 applies to original custody proceedings, not modification proceedings, and that the stepfather established standing under sections 156.002 and 102.003 based on his possession of the child for more than six months.

Holdings

1. Section 153.131(a)'s parental presumption applies only in original custody proceedings, not in proceedings to modify a prior custody order; therefore, the statute was inapposite to Stepfather's modification proceeding.
2. Stepfather had standing to initiate the modification suit because section 156.002(b) permits a person who has standing under Chapter 102 to file a modification suit, and section 102.003(9) grants standing to a person who has had actual care, control, and possession of the child for at least six months ending no more than 90 days before filing.

Questions Presented

1. Whether the parental presumption in Texas Family Code section 153.131 applied to Stepfather's suit to modify a prior custody order.
2. Whether Stepfather established standing to file the modification suit under Texas Family Code sections 102.004, 102.003, and 156.002.

Disposition

affirmed