When Can Non-Parents Petition for Custody in Cases of Parental Substance Abuse?
When a parent struggles with substance abuse, it can place a child in a dangerous and unstable environment. In such situations, individuals who aren't the child’s biological or adoptive parents—such as grandparents, aunts, uncles, or close family friends—may wonder whether they have the legal ability to seek custody.
Texas law does allow non-parents to pursue custody under specific circumstances, especially when the child's safety or well-being is at risk due to drug or alcohol abuse in the home. Understanding how non-parental rights work in these cases is essential for anyone considering legal action to protect a vulnerable child.
At Thaler Law, we understand the urgency and sensitivity surrounding these cases. When substance abuse creates unsafe conditions for a child, our attorneys help concerned non-parents explore their legal options under Texas family law.
Located in Georgetown, Texas, our firm works with clients across Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. If you’re dealing with a custody matter, contact us to set up a consultation.
Non-Parental Rights in Texas
Texas law allows non-parents to pursue custody under specific circumstances, but the bar is high. Courts give priority to biological and adoptive parents. However, when there's evidence that a parent is unfit due to substance abuse or other endangering behaviors, courts will consider non-parental rights more seriously.
Section 102.003 of the Texas Family Code specifies who has standing to file a lawsuit affecting the parent-child relationship. This includes individuals who have had actual care, control, and possession of the child for at least six months and are doing so at the time the suit is filed or within 90 days of its end.
In substance abuse cases, non-parents may have a stronger position to assert non-parental rights if they can prove that continued placement with the biological parent would put the child in danger.
These rights aren't automatic—they must be established through a court proceeding where the non-parent shows that awarding custody to them is in the child’s best interests.
Grounds for Filing Based on Substance Abuse
Parental substance abuse can significantly impact a child’s stability, health, and development. Texas courts are obligated to prioritize the child’s best interests, and substance abuse by a parent can tip the scales toward granting non-parental rights. For a non-parent to file for custody, one of several key factors must generally be present.
The court considers whether the parent’s substance abuse creates an environment that endangers the child’s physical or emotional well-being. This can include situations where the parent has been arrested or incarcerated due to substance-related offenses or the parent has repeatedly entered and exited rehabilitation without sustained recovery.
These conditions contribute to a legal argument that the parent isn't currently fit to care for the child. If the non-parent has a stable home environment and an ongoing relationship with the child, courts may find awarding non-parental rights appropriate under the circumstances.
Who Can Seek Custody as a Non-Parent?
In Texas, not all non-parents can petition for custody, as the law outlines specific qualifications for asserting non-parental rights. Eligible individuals must have a meaningful, ongoing relationship with the child or have provided actual care, control, and possession for a specified period. Grandparents, aunts, uncles, adult siblings, and stepparents may qualify under certain circumstances.
In limited cases, even close family friends can be considered. However, these individuals must provide evidence of their relationship and involvement in the child’s life. In custody disputes involving parental substance abuse, demonstrating that the non-parent has been a stable and consistent figure in the child’s day-to-day routine strengthens the case for non-parental rights.
Legal Standards the Court Will Consider
When reviewing a non-parent’s petition for custody, Texas courts weigh several legal standards. The burden of proof is on the non-parent to show that living with the biological parent would significantly impair the child’s physical health or emotional development. Courts examine multiple aspects of the situation.
This includes the extent and evidence of the parent’s substance abuse, the current living conditions of the child, and the child’s emotional attachment to the non-parent. Judges also consider the non-parent’s ability to provide a safe and nurturing environment and any history of neglect, abuse, or law enforcement involvement.
In cases of parental substance abuse, documentation such as arrest records, medical reports, photographs, and testimony from counselors or teachers can help illustrate that non-parental rights are justified. While courts prefer to keep children with their parents, they will intervene when it’s clearly necessary for the child’s safety and welfare.
Key Steps for Non-Parents Seeking Custody
If you’re a non-parent concerned about a child’s safety due to parental drug or alcohol abuse, here are the critical steps to take:
Gather documentation: Collect any police records, CPS reports, medical documents, and photos that show the parent's substance abuse and its effect on the child.
Show involvement: Prepare evidence that proves you’ve played an active and supportive role in the child’s life—school pickups, doctor visits, or daily caregiving responsibilities.
Meet standing requirements: Make sure you meet Texas's legal filing standards, such as having lived with the child for six months or being a close relative.
File a SAPCR suit: Initiate a Suit Affecting the Parent-Child Relationship (SAPCR) to formally request custody rights in court.
Present a parenting plan: Offer a clear plan that outlines how you will meet the child’s emotional, physical, and educational needs.
Prepare for court: Be ready to testify and bring witnesses who can attest to both the parent’s unfitness and your capabilities.
Following these steps provides a structured way for concerned non-parents to pursue non-parental rights in Texas family courts.
How CPS and Emergency Custody Can Help
Child Protective Services (CPS) is often involved in cases of parental substance abuse. If CPS removes a child from the parent’s home, they typically look for suitable kinship placements first. Non-parents who want to step in must act quickly to express interest and meet CPS standards.
In some situations, courts may grant emergency temporary custody to non-parents. This can happen if the child is in immediate danger, and the non-parent can demonstrate a safe environment and a meaningful relationship with the child.
In these emergencies, filing for non-parental rights promptly can significantly affect whether the child is placed in foster care or with a known and trusted individual. Timing is critical, and the courts are more receptive when the non-parent has a legal basis and a documented concern for the child's safety.
Maintaining Custody Long-Term
Gaining temporary custody is only one part of the process. For long-term custody, a non-parent must continue to prove that their involvement is in the child’s best interest. If the parent enters treatment and recovers, they may seek to regain custody.
In such cases, the court may adjust existing orders if the parent demonstrates sustained improvement. However, if the parent’s addiction persists or relapses occur, the non-parent could be awarded permanent conservatorship. The court’s primary focus will always be the child’s safety and well-being.
Texas law allows for joint managing conservatorship in some cases, where a non-parent and the biological parent share rights and duties. However, if parental substance abuse is ongoing and severe, sole managing conservatorship may be awarded to the non-parent, further solidifying their non-parental rights over time.
Continued involvement, documented care, and consistent support are all vital to maintaining custody. Courts want to see that the child has found stability and that disrupting that again wouldn't be beneficial.
Contact a Child Custody Lawyer Today
At Thaler Law, we’re committed to protecting children when parental substance abuse puts them at risk. We help clients in Georgetown, Texas, as well as Travis, Bell, Burnet, Hays, Bastrop, Bexar, Lampasas, Milam, and McLennan County pursue non-parental rights and custody.
If you’re a non-parent concerned for a child’s safety, we’re here to guide you through the legal process and fight for the child’s best interest—every step of the way. Contact us today to get started.
