Lewelling v. Lewelling

OPINION

DOGGETT, Justice.

At issue in this cause is the standard to be applied when a nonparent seeks appointment as managing conservator of a minor child. The applicable provision of the Family Code requires the nonparent to show that awarding custody to the natural parent “would not be in the best interest of the child because it would significantly impair the child’s physical health or emotional development.” Tex.Fam.Code Ann. § 14.01(b) (Vernon Supp.1990). The court of appeals, while properly articulating this standard, failed to apply it correctly and, in so doing, improperly relied upon…