For some families, grandparents taking child custody of their grandchildren may be the best possible option. There are a multitude of reasons why custody rights could be handed over to grandparents, but there are key components you must consider before making your claim. During the legal process, you should have an experienced Friendswood grandparents’ rights attorney by your side so you understand the legalities in Texas.
This blog will explain how grandparents can file for custody of a grandchild in Texas.
Grandparent Custody in Texas
Texas law on grandparent custody is found in the Texas Family Code:
Texas Family Code §153.002
Texas Family Code §153.002 says the primary consideration in any custody case is the best interest of the child. This is the guiding principle for the court’s decisions so the child’s welfare and well-being is above all else. Grandparents must show their care is in the best interest of the child more than the parents can provide a safe and stable home to be awarded custody.
Grandparent Standing under Texas Family Code §102.004
Under Texas Family Code §102.004, grandparents can file for custody if they can prove certain conditions. They must show the child’s present circumstances pose a significant risk to their physical or emotional well-being. This can be evidence of neglect, abuse or substance abuse by the parents. Or grandparents can file for custody if they have had significant past contact with the child and believe their care would be in the best interest of the child.
Why Grandparents Seeking Custody Can File
Here are four reasons grandparents can file for custody of a grandchild:
1. Unfit Parental Environment
Grandparents can file for custody if the child’s current environment is deemed unfit, and the parents are considered a parent unfit. This includes physical abuse, neglect or substance abuse by the parents. Texas courts put the child’s safety first. If there is substantial evidence the parents can’t provide a safe environment the court may grant custody to the grandparents.
2. Parental Incapacity or Death
If the biological parents pass or are incapacitated due to illness, disability, or death, grandparents can file for custody. Courts often consider grandparents as suitable guardians in these cases to ensure the child’s stability and continuity of care. Grandparents must show they can provide a safe and nurturing environment for the child.
3. Voluntary Relinquishment by Parents
A child’s parent may voluntarily relinquish their parental rights due to financial hardship, military deployment, or personal issues. In these cases, grandparents can file for custody. The court must approve this relinquishment to ensure it’s in the best interest of the child. While temporary guardianship can be established through a Texas Minor Child Power of Attorney Form, permanent custody requires a court order.
4. Long Term Care by Grandparents
Grandparents can file for custody if they have been the primary caregivers for a child for an extended period. If the child has lived with the grandparents for at least six months and they have been taking care of the child’s daily needs, education, and emotional well-being, this long-term care can support their custody petition. Legal recognition of this caregiving role is important for the child’s future.
Legal Considerations and Challenges
When filing for custody of a child/children as a grandparent there may be a few hurdles you have to navigate.
Petition Process
Filing to obtain custody is a detailed legal process. Grandparents can file for custody if they file a petition with the court explaining why they believe custody would be in the best interest of the child. This petition must include evidence to support their claims. They must attend court hearings to present this evidence and argue their case to a judge.
Show Fitness
Grandparents must show they can provide a stable and nurturing environment for the child to obtain legal custody. This includes showing they can meet the child’s physical, emotional and educational needs. Evidence might include financial stability, a safe home environment and testimony from professionals like teachers or doctors. Showing a history of caregiving and involvement in the child’s life is also important.
Emotional and Legal Complications
Filing for custody can be emotionally tough, especially when it involves legal action against the child’s parents and the involvement of child protective services. Grandparents must be prepared for the emotional impact on family relationships. Legally they must navigate complex family laws and custody rules which can be overwhelming without proper legal help.
Court Considerations
The court will consider several factors , including the rights of the child’s parents, to determine what’s in the best interest of the child. This includes the child’s physical and emotional needs, the stability of the grandparents’ home and the nature of the relationship between the child and the grandparents. The child’s preference may also be considered depending on their age and maturity. Grandparents must present a strong case to convince the court that their custody is in the best interest of the child.
Strengthen Your Case
Grandparents can file for custody of their grandchildren, but they need a strong claim. Here are a few tips on how to strengthen your case:
Documenting Care
Start by documenting the care you have given to your grandchild. Keep a detailed record of the time the child spends with you, including routine care and extraordinary circumstances. This includes dates, activities and any responsibilities you have taken on such as school pickups, doctor visits and extracurricular activities. This will show you are the primary caregiver.
Evidence
Gather evidence to support your claim. Get written statements or testimony from professionals who can attest to your caregiving role and the child’s well being under your care. This includes teachers, doctors, counselors and coaches. Also gather photographic evidence of the child’s life with you, such as pictures of daily activities, family events and the home environment you provide.
Parental Unfitness
If your case is based on the unfitness of the child’s parents or her parents, gather substantial evidence to support this claim. This may include reports of neglect or abuse, records of substance abuse or any legal documents that show the parents are unable to provide a safe and stable environment. Clear and strong evidence is key for the court to consider transferring custody.
Stability
Show you can provide a stable and nurturing environment for the child. Present proof of your financial stability, such as bank statements or employment records. Show your stable home environment and how you can meet the child’s physical, emotional and educational needs. The court will consider these in determining what’s in the best interest of the child.
Be Ready for Court
Be court ready and prepared for appearances and hearings. Practice presenting your case clearly and concisely and focus on what’s in the best interest of the child. Stay calm and composed and be ready to answer questions from the judge. Your demeanor and preparation will impact how the court views you as a custodian.
Keep Focused on the Child’s Best Interest
Throughout the process, keep the child’s best interest and the parent child relationship as your top priority. Make sure your actions and decisions are based on what will provide the child with the most stable, loving and supportive environment. This will resonate with the court and strengthen your case for custody.
Call an Experienced Friendswood Grandparents Rights Lawyer Today!
If you are a grandparent seeking custody or visitation rights for your grandchild, act fast. The legal process is complicated and emotional but you don’t have to go it alone. Get stability and security for your grandchild by working with our attorneys at Hannah Law who know family law in Texas.
Contact us at 281-262-1311 for a free consultation today!
