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Understanding the Parental Presumption

It is important to understand that just because a foster parent has standing to file suit does not mean that they will ultimately be successful.  The Texas Family Code specific provides that there is a presumption that a parent should be appointed a managing conservator of their child.  Thus, in order to overcome the presumption, it must proven that appointment of the parent as a managing conservator would "significantly impair the child's physical health or emotional development." 

Foster parents seeking to contest a parent's appointment as a managing conservator must understand that the case is not merely about what is the child's best interest, but has to first overcome the parental presumption.