DENTON (WBAP/KLIF)- A North Texas father is amid a legal battle that could re-write custody laws in Texas. A Denton County father, Chris, is fighting to keep his 5 year old daughter, Ann.

Ann’s mother was tragically killed in a car accident in 2018. The mother and father have been separated, and the father was previously granted joint custody with the mother, which he has continued to have throughout his daughter’s life.

At the time of the mother’s passing, she was engaged to another man who is now seeking to have joint custody with the biological father. Ann had lived with this man off and on for no more than 6 months while they dated, since her biological parents shared custody.

Ann was only 3 years old when she last lived with the boyfriend then-fiance. She has lived with her dad ever since.

Jeremy Newman with Texas Home School Coalition, a third party organization, filed an Amicus Brief in support of the father. Newman said with the way the law is worded, an adult can claim custody if they’ve lived with a child for a certain period of time, even if the court has never found the biological father to be unfit.

Newman is trying to raise awareness for this case so that it doesn’t set the precedent for other families in Texas.

“If the fiance wins this argument, your nanny, live in boyfriend, your roommate…any of them could suddenly have the right to request custody of your child and they can win,” said Newman. “Basically the question the court is being asked is ‘do parent’s have the right to raise their own children’? and the fiance is arguing that being the biological father doesn’t make a difference,” he said.

The Texas Home School Coalition launched the #LetHerStay campaign and have created a petition for the case.

The group is asking for other organizations to file briefs and send letters to local and state leaders.

So far, the petition has garnered more than 6,500 signatures.

You can find additional information about the case or the petition on letherstay.com

Hear Kat Boonzaier’s story here: