Parents, legal guardians and family members with an interest in the child’s welfare can petition a family law issues such as child custody to the family court. If parents have joint custody of a child, then either parent can file for child custody.

Texas family law allows family members to petition the family court if they feel another family member is unfit to care for a child.

The family court may also determine an unfit parent and award parental rights and responsibilities to the other parent, without either first- or second-parent adoption.

A family must first be separated before family law issues such as child custody can be filed in family court.