Should courts umpire third party custody disputes?

Abstract

Third party custody can happen if parties agree to such a delegation of rights, as well as when a child’s biological parents have their parental rights terminated, when said parents are declared unfit to care for their child, or when parents choose to give up their parental rights voluntarily. In Texas, in a post-In re C.J.C. world, how do we grapple with custody issues regarding minor children when the best candidate for conservatorship is not a parent? In the recent case of In the Interest of I.S.P., the First District Court of Appeals dealt with such issues. The key question: How can an attorney prove standing and privity, particularly when a child is not yet six months of age when litigation begins? (from Introduction)