In re C.J.C. (Opinion)Annotate this Case
The Supreme Court conditionally granted Father's petition for writ of mandamus, holding that when a nonparent requests conservatorship or possession of a child, the child's best interest is rooted in the presumption that the fit parent, rather than a court, makes the determination whether to allow that request.
Over Father's objection, the trial court entered temporary orders naming Jason a possessory conservator of Abigail with rights to possession of the child. Jason, who was in a relationship with Abigail's mother until she died, had exercised care and control of Abigail when she resided with Mother for at least six months preceding Mother's death. Father filed a petition for writ of mandamus, arguing that the trial court's orders violated his right to parent Abigail without government intervention. The Supreme Court conditionally granted the writ and directed the trial court to vacate its temporary orders, holding (1) the presumption that fit parents act according to the best interest of their children applies when modifying an existing order that names a parent as the child's managing conservator; and (2) because no evidence demonstrated that Father was unfit to be Abigail's parent or did not act in her best interest, the trial court abused its discretion in ordering that Jason be named Abigail's possessory conservator.