Grandparents Rights: Requirements for Custody
Grandparents’ Rights to Child Custody in Texas
What are the Requirements for Grandparents Rights to Custody of Child in Texas?
It is not easy for grandparents to sit by when their grandchild is in a harmful environment; unfortunately, this is the case when one of the parents is unable to take care of the child. Here are some helpful tips in invoking grandparents rights in Texas.
Grandparents can seek custody—or as it is called in Texas, Managing Conservatorship. Whether or not the parent of the child is getting a divorce, grandparent can seek custody. However, there is a different between custody rights and visitation rights. Therefore, in Texas, their requirements are quite different from grandparents’ rights in Texas for visitation.
There are requirements that the Grandparents must meet. The ultimate decision lies with the judge. In order to have a case for pursing full custody of their grandchild, the relief must be in the best interest of the grandchild. Here are the requirements:
- The child is living in an emotionally or physically dangerous environment.
- The child’s parent(s) or legal guardian have either agreed to let the grandparents have custody or have filed a lawsuit to that end.
- You’ve had possession and been caring of the child for 6 months or more and have lost possession within 90 days of filing the suit.
- The child and the child’s parent (or other legal guardian) have lived with you for 6 months or more, and did so within 90 days of filing the suit.
Whatever you decide should be beneficial to the child.
Perhaps you simply want to be able to visit your grandchild. Rather than custody rights, you can file for Possessory Conservatorship. You can gain possessory rights by intervening in an original lawsuit (perhaps a divorce suit already going on in court). Also, you can initiate your own lawsuit.
If you meet the requirements above for custody right, consider talking to a family attorney about your specific situation.
