Can You Rely Too Much on the Care Provided by a Nanny?
Though estimates are that less than 5% of working parents in Texas and across the United States employ a nanny to care for minor children while they are at work, studies show that the practice is slowly increasing. In Texas, where the courts consider the stability of the environment to be in the best interests of the child, is there a risk that having a nanny can affect your rights in a custody dispute? Is there a possibility that the nanny may actually have a legal claim for custody?
The Increasing Demand for Nannies
As the costs of daycare have skyrocketed over the past decade, the number of paid nannies in the United States has similarly risen, with the IRS reporting that more than half a million taxpayers have identified as nannies.
Can a Nanny Get Custody or Visitation in Texas?
As a general rule, it’s extremely challenging for any non-parent in Texas to get either court-ordered visitation or custody, particularly if the biological parent objects. That’s because Texas courts generally consider parenting as a fundamental right. However, there may be limited situations where the court may conclude that granting custody or visitation to a third party, such as a nanny, is “in the best interests of the child”:
- If the nanny had actual and continuous control, care and possession of the child for a minimum of 6 months during a period that ended less than 90 days before the custody petition
- Where the court determines that giving custody to the biological parents over the third party would “significantly impair the child’s physical health or emotional development.”
- Where both biological parents agree to grant custody to a third party
Contact DTX Family Law for Proven Representation in a Texas Custody Proceeding
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At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and we’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our new website or call our offices at 940-566-0606. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston