If DFPS plans to ask the court to name an individual other than DFPS as the child’s conservator, DFPS must present a preponderance of evidence to show that it is not in the child’s best interest to appoint the child’s parent or parents, because it would significantly impair the child’s physical health or emotional development. DFPS must present evidence showing the specific conduct of each parent that harms the child’s physical health or emotional development.
Texas Family Code §153.131External Link
In most cases, the individual appointed managing conservator is the person with whom the child is living, such as:
• a relative or fictive kin (such as persons who are close family friends); or
• a foster parent.
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