Two women live together and share the care of a son of one of them. They break up, but still share the care of the boy on and off. Eventually, the nonmother sues for custody in a suit affecting the parent-child relationship. The mother seeks to have the case dismissed on the ground that the nonmother lacked standing to interfere with the custody of a fit mother, but the trial court granted the nonmother temporary possessory-conservator rights. The mother took the case up on mandamus on these two issues, and the Nines ruled for her. Justice Hollis Horton wrote for a panel including Justice Charles Kreger and Chief Justice Steve McKeithen. The Chief Justice concurred that although he had dissented in In re K.K.C., 292 S.W.3d 788 (Tex.App.-Beaumont 2009) (orig. proceeding), he felt that he had to recognize the majority opinion in that case as precluding him from taking the same view in this current case.
In re Stephanie Wells, No. 09-12-00158-CV (Tex. App.--Beaumont June 14, 2012) (orig. proceeding).