In Re P.D.M‪.‬

The primary issue we address in this appeal is whether the parental presumption applies when a court-ordered sole managing conservator (Mother) dies and the possessory conservator (Father) and a third party (Grandmother) both seek custody of the children. See Tex. Fam. Code Ann. § 153.131 (Vernon 2002). The trial court granted a no-evidence summary judgment awarding Father custody of the children based on the parental presumption. We hold that Grandmother's and Father's suits are modification proceedings governed by family code chapter 156 and that, therefore, the parental presumption is not applicable. Accordingly, we reverse the trial court's judgment and remand this case for trial.