Thursday, January 31, 2008

grandparent’s rights in texas (Cont.)

In my last post we discussed a very brief background of the evolution of grandparent's rights in Texas. Now I will provide you with a brief synopsis of the law as it currently stands. The information below is taken from the Texas Family Code and an excellent article written by Jimmy L. Verner, Jr. of Verner & Brumley, P.C. I really like the way Mr. Brumley organized and explained the current law as it relates to grandparents seeking rights to their grandchildren. I have made a few changes to the wording to try and simplify the legal jargon. I wanted to put a direct link to the article in this post, but it appears the link is broken on their website. This is the link to their "Resources" page where the article is located. There is tons of good information on this page.

Managing Conservatorship

A grandparent can seek managing conservatorship of a grandchild by original suit or intervention if one or more of the circumstances listed below exist. Managing conservatorship typically means custody in this type of case, but does not have to mean that. It could simply mean that the grandparent has rights to make decisions regarding the grandchild's up-brining. An "intervention" means that there is already a lawsuit pending regarding the child and the grandparent simply joins the lawsuit.

  1. The grandparent has had actual care, control and possession of the grandchild for at least six months ending not more than 90 days preceding the date of filing the lawsuit. (The 90 day requirement ensures that the 6 month possession was recent and not years and years ago); OR
  2. The grandchild and the grandchild's guardian, managing conservator, or parent have resided with the grandparent for at least 6 months ending not more than 90 days prior to filing the lawsuit IF the child's guardian, managing conservator, or parent is deceased at the time of the filing of the lawsuit; OR
  3. The grandchild's present circumstances would significantly impair the grandchild's physical health or emotional development (meaning that where the child currently lives with the parent presents a danger to the child either emotionally or physically) ; OR
  4. Both the grandchild's parents, the surviving parent, or the managing conservator either filed the lawsuit for the grandparent to have managing conservatorship or have agreed to it.

If any of the above four exists then there may be a case for the grandparent to seek custody or visitation of the grandchild.

Possessory Conservatorship

A grandparent may seek possessory conservatorship of a grandchild by original suit or intervention if one or more of the circumstances listed below exists. Possessory conservatorship is NOT custody and would be more like a visitation lawsuit. However, it differs from a visitation lawsuit in that the grandparent may be granted certain rights with regard to the up-brining of the grandchild.

Original Lawsuit OR Intervention

  1. The grandparent has had actual care, control and possession of the grandchild for at least six months ending not more than 90 days preceding the date of filing the lawsuit. (The 90 day requirement ensures that the 6 month possession was recent and not years and years ago); OR
  2. The grandchild and the grandchild's guardian, managing conservator, or parent have resided with the grandparent for at least 6 months ending not more than 90 days prior to filing the lawsuit IF the child's guardian, managing conservator, or parent is deceased at the time of the filing of the lawsuit;

The above two allow the grandparent to file and original suit or an intervention for possessory conservatorship if either is met.

ONLY an Intervention

A grandparent can file ONLY an intervention for possessory conservatorship if the following two are met:

  1. The grandparent has had substantial past contact with the child; AND
  2. The grandparent makes satisfactory proof to the court that appointment of a parent as a sole managing conservator or both parents as joint managing conservators would significantly impair the grandchild's physical health or emotional development.

Grandparent Access (Visitation)

A grandparent may seek access to a grandchild by original suit or intervention if ALL THREE numbered circumstances exist PLUS one or more of the lettered circumstances exist:

  1. At the time the lawsuit is filed, at least one biological or adoptive parent of the grandchild has not had that parent's rights terminated; AND
  2. The grandparent requesting access to the grandchild proves that denial of access to the grandchild would significantly impair the grandchild's physical health or emotional well-being (this will take more than just the grandparent saying so … you would need a professional to confirm this); AND
  3. The grandparent requesting access to the grandchild is a parent of a parent of the grandchild; AND


    1. The parent has been incarcerated in jail or prison during the three month period preceding the filing of the lawsuit; OR
    2. The parent has been found by a court to be incompetent (a separate lawsuit); OR
    3. The parent is dead; OR
    4. The parent does not have actual OR court-ordered possession of or access to the child.

You can see that this statute is very limited. Letters a. through d. severely limits who can file suit. This statute used to include a lettered provision for divorced or separated parents as well as the four you see, but that provision was removed as a result of the Troxel case referred to in my earlier post. You can see what the removal of this provision did to the ability of a grandparent to seek access to their grandchild.

This is simply a quick reference guide to the existing law for grandparents. If you are a grandparent and need help, contact a lawyer to discuss your options. DO NOT simply rely on this post and throw up your hands. There may still be a chance, and until you speak to a lawyer, you will never know.

You can visit my blog at http://chrislawyerblog.com/grandparents-rights/ for more information about me or to contact me.

The information contained in this blog is provided for informational (and sometimes entertainment) purposes only and should not be construed as legal advice on any subject matter. I can guarantee you that I am not covering every facet of the family code, and there may be hidden gems in the Family Code that could make or break your case based upon your specific fact situation. No recipients of content from this blog, retained client or otherwise, should act or refrain from acting on the basis of any content included in this blog without seeking the appropriate legal or other professional advice. ALL CASES ARE DIFFERENT BECAUSE OF THE FACTS PARTICULAR TO YOUR CASE; THEREFORE YOU NEED A LAWYER TO DISCUSS THOSE SPECIFIC FACTS. I expressly disclaim all liability in respect to actions taken or not taken based on any or all of the content of this blog. Talk to a lawyer first, preferably me, it is that simple!

133 comments:

Ben said...

I'm currently a 1L student at SMU Law and I happen to have an interest in the field of family law. I would like to get some experience in the field so if you have any advice, I would be glad to hear it. I enjoy your blog!

Ben

Chris Schmiedeke said...

Ben, I'm not sure I have any "advice" for you, but if you have questions or want to know more about the wonderful world of family law, feel free to give me a call or shoot me and email.

Anonymous said...

My son and his wife are currently in the middle of a divorce. They have finally agreed on custody, child support, etc. but my son's wife's mom and step-dad filed an intervention when my daughter-in-law was served. Can they keep things going even though my son and his wife have agreed on term?

Chris Schmiedeke said...

Anonymous, I guess the simple answer is yes. As long as they have a pending lawsuit then the case will remain open. I cannot imagine what they have alleged to file this Intervention, but you should get a lawyer to attack it and have it dismissed if you can (or your son).

There are not many scenarios that would allow a grandparent to intervene. Without knowing exactly what they have alleged i cannot really make too detailed a comment.

My best suggestion is to attack their lawsuit with your (or yours son's lawyer).

Good luck.

Doody said...

I have filed an intervention for my 6 year old grandson. I am Pro Se and it has been interesting to say the least. Cannot find a lawyer that I can afford, have paid 2 over $5000 and am out of money, but Grandson's life is at stake so am going on faith that the system works. But facing 2 excellent attorneys gives me a case of the stutters.
Any tips for maintaining my equilibrium? Also, when we have our haring, SIL has filed to terminate my daughter's parental rights. Will I get to go first (I filed first) and maybe he loses against me and then his case is a moot point?
It's ugly...really ugly...but grandson willl die at the hands of SIL's live in GF...he has already had a rbeakdown from being over-medicated. Yeah, CPS has been there..No, they did nothing as usual.
Thanks for your help....stargazer46@sbcglobal.net

Chris Schmiedeke said...

Doody, there is way too much that i do not know for me to be able to tell you too much. I don't know how you "filed first" if you intervened. Intervened means you jumped into something that was already occurring (i.e. a lawsuit). If you just filed to get custody and did not "intervene" then yes you would go first.

My best suggestion is to read up in the Texas Family Code on your rights, what you must prove, etc... I have a link on my website www.chrislawyer.com to the family code if you cannot get your hands on one.

You may also want to search on the internet for the typical courtroom procedure so that you know what is going on, how to present evidence, etc...

Good luck to you, i hope it works out.

bbutters said...

y Husband and I do not allow for his mother to see our children for minor reasons she has talked so bad about my kids one of them being disabled.Can she take us to court and is it possible for a judge to grant her visitation rights.There is no abuse or neglect in our Home.They have never lived with her,they used to visit about 3 x a week.

Anonymous said...

Question: What if both parents killed in car accident. One set of grandparents is withoholding children from other set. No orders in place. Non-withholding grandparents just want standard visitation. Can you still file for custody even though no order exists or at that point is a guardianship the only means.

Chris Schmiedeke said...

Anonymous, from the brief fact scenario it appears that you can file for grandparent access. I am not sure about suing from custody because I do not know all the facts. Review my post as to each method of filing and see if you meet the requirements of each.

I would suspect that the other grandparents are waiting for enough time to pass to be able to file for custody. Just a thought.

You need to hire a lawyer to look into this and determine what rights you do and do not have after giving them ALL the facts.

Good luck.

Anonymous said...

Our granddaughter was adopted Jan 7, 2008 by the other grandparents. The amicus adlitem atty for our granddaughter found it was in best interest for her to see us, and asked the grandparents during the adoption hearing, if they intended on allowing us access, they said YES. They are now denying access. Judge Jim York was our family judge. Our daughter signed her rights away. We had intervened, but dropped our suit when they promised us "on their word" that they would allow us access. What can we do. All the laws are against us. She lived with us full time the 1st 2 years of her life. She will be 4 in October 08. Can we write to the judge ourselves? we have already been told by close associates of the judge that he would want to know, and he is very sympathetic to our side. Please advise...Thank you. pearclere@hotmail.com

Chris Schmiedeke said...

Anonymous, technically you cannot contact the judge directly regarding the case. Perhaps you could contact him indirectly through the close associates of the judge. The problem is that if the law is not on your side then the judge is limited in what he can do. If he ruled contrary to the law then he could get the ruling overturned on appeal.

My best advise is to get a local lawyer that knows what they are doing, pay them for a consultation, and review all your possible options.

Good luck.

Anonymous said...

My husband and I got into an altercation at the time my son was at my husbands parents house. They refused to let me see my son and called the cops to have them remove me from the property even though I didn't threaten or doing anything to them. After two days of them not letting me see or speak to my son, my husband finally brought my son home so I could see him! Ever since then my son won't let me leave his sight and wakes up screaming for me in the middle of the night. Is there anything I can possibly do to make sure they don't get to see my son without my permission and on my terms??? I don't want to take him completely away from them but I DO NOT want this to happen again. Thanks so much!

Chris Schmiedeke said...

Anonymous, if this is in Texas, the grandparents should have no rights to see the child other than the father's designated visitation times with the child. If you are referring to these times, then yes you could file a lawsuit to modify any orders to provide for an injunction against the grandparents seeing the child when in possession of the father. However, you are going to need some pretty good evidence for this.

I suggest you contact a local lawyer, set up a consultation and run these questions by them. They will better know the judges and the system in that area.

Anonymous said...

The children have been living with their grandparents for 1.5 years. Their mother and father agreed to the kids moving in with grandparents. Now the mother has indicated that she would like to take the children back in just a few weeks. Grandparents would like to see some sort of proof that she is able to take care of them before turning them over. I believe they can fight for managing conservatorship. I am a family member and a licensed attorney but I do not family law experience. I would like to take the case for them b/c they cannot afford an attorney. What do I need to file first? Can I even handle their case, or is there a conflict of interest? Finally, is it even possible to file for custody of one of the children if he is only a step grandchild?

Chris Schmiedeke said...

Anonymous, the grandparents have standing to file because they have had possession for over 6 months. Check my website www.chrislawyer.com and go to the resource page where you will find the Texas Family Code. Look at Section 102.001 (which would apply to step grandchild and bio grandchildren) i believe for standing. There are also sections for standing just for grandparents (which would apply to the bio grandkids)

You would file an original suit affecting the parent-child relationship and have to serve all the bio parents of all the kids (bio and step kids).

You should be able to represent them without a conflict, but for the final word, contact the state bar and they will be able to tell you better whether there is some sort of conflict.

Good luck.

Anonymous said...

Hi, I have 2 granddaughters ages 7 and 6. They have been living with me for 5 years. The children have been through a lot. Child Protective Services feels that as long as they are with me that they are safe so they no longer need to be involved. The parents are recently divorce with the mother having custody. However neither parents whereabouts are known. They contact me on their "whims". The mother (my daughter) recently contacted me and said she wanted to give me custody. Seeing how she is agreeable to do this I want to move on this quickly. I am on a fixed income so hiring an attorney would be difficult. I have contacted Legal Aid but they don't handle such cases. Can I do a do-it-yourself child cutody? If so how do I go about doing it?
Grandmother needs help

Chris Schmiedeke said...

Anonymous grandma, where do you live? You can definitely do it yourself with a little work. The hard part is the forms, and knowing where to file.

I may be able to help you out if you are local. If not, I may be able to put the steps together in a post. Let me know...

Anonymous said...

How difficult is it to show an order for grandparents to have custody is not in a child's best interest even when the parent's are still not the best placement either?

Chris Schmiedeke said...

Anonymous, it is not hard. A lawsuit is filed and evidence is presented. However, it sounds as if there is no place else for the child to go. If there is no suitable home with the family, then is it best that the child go to foster care? That could be a possibility.

Good luck.

Lisa said...

Hi my name is Lisa. 3 mmonths ago my sister and 2 of her three girls were killed by a drug crazed driver. They were only 27 4 and 8. The father is now fighting us on seeing the only thing we have left of my sister. That would be Marissa 6 years old. How can my mom file for grandparents rights without it costng her alot of money?

Anonymous said...

Daughter of died 9 monts ago leaving behind our granddaughter and grandson. Son in law will not let us see them. He sent them to N.Y. for the summer to stay with his mother while he went through drug and alcohol rehab (still in process). We would like to see the grandchildren at least once per month.

Chris Schmiedeke said...

Anonymous, I am sorry for your loss. From the facts that you have told me, you should have no problem in filing a lawsuit to get access to the kids.

The real issue is whether you can prove that the father is not looking out for the children's best interest. If he has drug and alcohol problems and dumps the kids off at his parents, you may have a good case.

Contact a lawyer in your area and they will be able to help.

Good luck.

Anonymous said...

My ex and I divorced 7 years ago. At the time of our divorce, our daughter was almost 2. I did not file for custody because my attorney advised me that i probably wouldn't win due to the fact that she was under 2 years old. After we divorced, my ex and my daughter moved in with my ex's parents. After about a year, my ex moved into an apartment but left my daughter with grandparents. She said it was so that she could get situated. My ex wife continued to move from place to place, and bounce from job to job for the next year or two. When I asked her about my daughter living with her, she gave me the same excuse. My daughter is now 9 and still lives with grandparents. I have talked to several attorneys and they have all warned me about the reprecussions a custody battle would have on my daughters mental state since she is so close to her grandparents. I have been remarried for almost 3 years and have a 1 1/2 year old son. My wife and I have a great relationship with my daughter and exercise regular visitations where she stays with us every other weekend, holidays, summer, etc. I have not pursued custody for fear of causing my daughter mental anguish, but recently I am becoming more concerned with how she is being raised. Her grandmother home schools her which concerns me for her educational future, and I am having to fight with her on the values that my daughter is being taught. Is there any way I would have a case to change custody to where she would live with me? The other factor is that I live in San Antonio, and my daughter lives close to Houston. Please help. Any advice would be greatly appreciated.

Anonymous said...

my son and daughter in law or mad at me and my husband over petty things and have taken our grandson away from us, can we file grandparents rights for visitation. Please give me and answer our hearts our broken. Grandparents in Houston

Chris Schmiedeke said...

Anonymous, it is really hard for me to answer these types of questions because you have given me basically a sentence of facts. I am sure there are a million more facts.

First, review my blog and the article I reference in the posting, your answer lies in there. Specifically you need to look at the section regarding Grandparent Access. Do you meet those criteria? You have to meet numbers 1-3 AND at least one of the 1-4 below it to even be able to file suit for grandparent access.

With the limited facts you have provided me, it does not appear your child is incarcerated; it does not appear that your child has been found incompetent; it does not appear that your child is dead, and it does not appear that your child is lacking actual or court ordered visitation as the parents are still together.

My best advise is to mend the relationship the best you can.

Good luck to you in the future.

Chris Schmiedeke said...

Anonymous number two, yes you can definitely sure for custody of your daughter. You have a superior right to raise your daughter over the grandparents. Assuming you have a safe and healthy home for the child I see no reason why you do not have a very good shot to prevail.

The statements regarding the effect on your daughter are probably true, but there are things you can do to diminish that. Have a counselor or therapist ready to address the issues.

I do not know where you were divorced from, but ultimately you will have to fight this lawsuit in Houston where the child lives.

Good luck!

LostInGA said...

The children have been living with their grandparents for little over a year in Tx. Mother is a resident of GA and both kids were born in GA. Mother has NEVER resided in TX. They were just visting and stayed out there for that length of time. Now the mother wants her children to come back home to GA and has since picked them up. Now in the mail today she gets a letter of summons from a TX court that says she has to appear in court for custody of the boy. Is this even legal? Why does she have to go to TX. She cannot afford a trip to TX as she just returned with the kids and has to work full time. How can grandparents just assume they can do this, unless she was an unfit mother? Please advise.

Chris Schmiedeke said...

Lost, they filed in Texas because the children lived in Texas for longer than six months, therfore jurisdiction was here. However, there are ways you can fight that if you get a lawyer wherever that case is pending.

Maybe they think she is an unfit mother. Read the paperwork they filed, I am sure it is in there.

Good luck.

tracy S said...

My granddaughter is in foster care, my daughter is on drugs, and I made the HUGE mistake of giving my precious granddaughter (19 months old) to CPS, hoping it would make my daughter get her life together. Well, she didn't, and I want my granddaughter back and raise her. How do I file an intervention "pro se" so I can fight to get her returned to me? THe CPS case worker, CASA supervisor and CASA volunteer all stated IN COURT that "there is definately a strong bond between Grandmother and child". I want my grandbaby back but I don't have the liguid assets to pay a retainer for an attorney. I need to do this ASAP.
Please help!

Sheila said...

Our grandson has been living with us on and off since he was 6 months old. When he was 2 we wanted Managing Conservatorship and suddenly the father wanted to fight us on this after he had dropped him off 3 different times because he did not want the responsiblity. That court case was dismissed and the father wanted to have our grandson every other week. That lasted about 3 months and then the father quit showing up at all or paying the daycare fees. We paid the balance of what he owed. Our grandson is now 6 years old and has lived with us continuously for the past 3 1/2 years. Now the father has showed up and has made it clear that he intends to take him from us. Our grandson does not want this. He his very scared to go with his father for visits because he is afraid that he will not bring him back. Since the father has showed up we allow our grandson to go with his father but it is usuually a very emotional situation because he does not want to go with him.

HELP! Do we have any recourse in this situation or will the courts just hand him over to his father???

Sheila

elaine08 said...

i am a single mom of 2 young children. their dad went to jail 8 months ago just after my youngest was born. their paternal grandparents didnt call and ask about them for the first few months and then only asked for visitation once or twice. i allowed the children to stay with the grandparents over night, but i advised them that my son has breathing issues and really bad asthma. he is only 8 months old and cannot handle being smoked around(he has to have breathing treatment daily), they didnt not listen. when i picked up my children, them and everything i sent smelled of smoke. i gave them one more chance to see the kids and the same thing happened. so from then on i have been hesitant about letting them around my kids. the paternal grandmother stopped calling, again, and now she demands to be able to see my children. she says she has the right to take me to court, but does she? this woman used to threaten me because i TRIED to file for support against the father. i dont want my children to have to be around violent people that cant stop smoking while my son is in their presence. please let me know what rights i have as a parent.

Chris Schmiedeke said...

Sheila, you definitely have recourse if you live in Texas. You need to call an attorney. If the facts as you state them are true, then you may not need the grandparent statute to get custody.

A person who has had care control and possession of a child for as long as you state you have can file a normal lawsuit and not have to solely rely on the grandparent statute.

You need to get a lawyer a.s.a.p. They will take the proper steps to protect your interests.

Good luck.

Chris Schmiedeke said...

Elaine08, your answer is in the post and the referenced materials. It specifically lays out the steps or rules governing grandparents and when they can and cannot file suit.

Re-read the post. As I do not represent you and do not know all the facts, I cannot just simply give you an answer.

Contact a lawyer, get a free or low cost consultation and they will be able to advise you.

Good luck.

Anonymous said...

My son passed away last year and left behind 2 kids. His wife is an unfit mother and cps has been contacted but of course nothing was done. I want custody of my granddaughters. What can I do?

Anonymous said...

My Daughter's 2 1/2 yr old in gaurdianship with my first ex for past year or so. My Daughter is unfit,long story. 1st ex and I do not interact well, although I have tried diligently for years for the sake of my children. Ex is in wheelchair, parpalegic with many health issues. I am surprised she was able to get guardianship at all. My current wife did have Grand daughter for a couple of months when the granddaughter was about 6 months old,and was to get guardianship through my daughter igning ppapers at that time. Then she, out of the kindness of her heart, let Granddaughter go for weekend visit to be with ex. We believe granchildren should see grandparents in general. Ex took off with her and with some quick finegalling, ended up with guardianship and my daughter signing papers to ex. I suspect she tricked my daughter into signing papers, but can't prove it. Resources did not exist to fight it. Since then I haven't been able to see her. Ex said would not let me see her, except in supervised visit, with EX present as the supervisor, and I could not take her out of Bexar county. (guess she was paranoid I would pull something on her and she would lose guardianship/control like she did). When I would try to schedule such a visit, her answer was "Not a good time for me". Ex and I had difficult divorce and visitation issues with our own kids. I was given full custody. She was ordered supervised visits, fought it, bad mouthed me to kids, etc. Even called CPS to file erroneous claims on me with my kids to try to regain custody. I tried to work with her, but unless it was her way, she was never satisfied. Took me to court 11 times in 2 yrs to try ot change custody. I now live in different county (bandera), ex in Bexar county. Cps has had long involvement with ex and daughter, (APS as well due to her current husband's declining health and dementia from ravages of cancer), CPS has been keeping tabs on daughter's case, etc. This week CPS has now taken granddaughter out of ex's home and put her in Foster care, due to report filed about conditions of ex's home and other recurring issues by a caretaker that comes to ex's home regulaly. I am remarried and would like to have custody of granddaughter. I am no stranger to raising children, was single dad of my 2 children for many years. Did a good job, daughter and ex both have similar psychological issues. My son is a healthy normal 20, and an engineering student with 3.8 GPA, so I know I did good job. Fitness of ex is questionable, I only have hear say evidence, but CPS reports would shed light on situation better. CPS caseworker is aware My current wife and I want custody, and would willingly,and lovingly adopt if we can. CPS caseworker is delighted to hear so, but says not much can be done until Hearing scheduled for 4-13-09. What can we do?

woodworkingbeanie said...

Our 4 grandchildren were taken away from parents by TX CPS due to filthy living conditions, no utilities, lack of supervision, possible drug/alcohol, neglect and given to us under kinship/ guardianship and we have had them for over 6 months. Now CPS is recommending they be returned to parents as parents have attended classes and live in better house with utilities on. Utilities on due to CPS arranging to pay a $500 fee and the rest due them 'having to do it.' We know our dtr-she will go back like it was and he only makes $150 a week-so obviously they won't be able to pay the bills. She refuses to work-says needs to take care of the kids. We don't think anything has changed-they both told us and CPS they did nothing wrong and told us they attended the meetings as they had to to get the kids back so they can get their Medicaid back. The kids CPS worker comments are that the kids have made remarkable improvement since being away from the parents-got what they needed, dentist(bad bottle caries) doctor etc. and are talking better. They all have speech learning problems which therapist say is probably contributed to the neglect at home. The older kids (8 and 4) start crying everytime we talk about them going home saying if that is the only way they can be with their parents they don't want to be with them. We hate to see them have to go to thru any more. Do we have any recourse?

Chris Schmiedeke said...

Anonymous, you need to contact a lawyer and file a lawsuit.

Chris Schmiedeke said...

Woodworkingbeanie, you definitely have a course of action. In addition to the grandparent lawsuits mentioned, you may have standing to sue do to the fact that you have had them so long.

You need to contact a local lawyer and discuss it with them.

Good luck.

Anonymous said...

im actually on the other side of the spectrum here and i am seeking a little bit of help. i am a 24 year old mother of 2, i am no longer with my childrens father but we have an okay relationship. in the past his father (the grandpa) has filed bogus cps reports and talked his son into giving temp. custody to him. when the 6 month temp. custody was over, the grandpa refused to give me my son back. i procedded to drive across the country and get my child, shortly after i had my daughter and because of the grandfathers threats, was forced to move out of state.i moved to texas near him and so i attempted to give the grandpa another chance and allowed him to see my kids every weekend for about 6 months, untill he showed up at my door banging with a stick. he favors my son and treats him like he is a baby (he is 5) and shows no attention at all to my 2 yr old daughter. Just within the past few weeks he has again made 2 seperate bogus reports to cps and now has said he will be moving once again to the county where i am living now so he can sue me for grandparents right! what do i do from here?

Robin M. said...

My son and ex-daughter in law have lived with my husband and I with our granddaughter, since she was 1 month old. She is now 13 1/2 months. My ex-daughter in law moved out and took the baby over 4 weeks ago and now will not allow us to see her. My son just got to see her for the first time in 4 wks, yesterday. However, she is not allowing myself or my husband to see her. She is my only grandchild and I have been a second mother to her since she was born. I know my ex-daughter in law is bipolar and has several mood outbreaks. I don't want to take the baby from her, I just want to see her and visit with her. What can we do? We live in Texas, North of Houston. Please help. Our hearts are breaking. Thank You!

Anonymous said...

My son and his girlfriend split in July 2008. They have a son together who is now 21 months old. I have had my grandson one day/night per week since the day he was born until today. They have decided not to allow me to keep him any longer because they are mad. This is no longer about me but what about the baby. He loves being with us once a week and we are a huge part of his life. What can we do as Grandparents to secure legal visitation in Texas?

Anonymous said...

yes this is a sad story my only son passed away may 18th 2008 he has three boys michael 9 johnny 5 and jacab 2 she wont let us see our grandchild my daughter in law she now is dating a boy that is on parol for manslaughter and drugs we dont like this man and dont even want our grandkids around him she has moved in with her parents and sister is a drug dealing what can we do pleas someone help us the sad thing is we have lost two children now these grandboys are the only thing left

Anonymous said...

my daughter and her boyfriend will not allow me to visit my grandson is that legal in texas, He's two and he's never been to my home they have not even given me a reason why I can't visit him and there's no legal matter that states that I can't

Chris Schmiedeke said...

Anonymous - there is not a lot you can do to seek visitation rights for your grandchild unless you meet the requirements for filing a lawsuit. Your answers are in my posts.

Contact a local attorney and they will be better able to explain your rights as a grandparent to visit your grandchild in Texas.

Good luck.

Chris Schmiedeke said...

Anonymous, you need to contact a local lawyer and explore your options. You can sue for visitation, but if the grandchild is in danger, you may be able to seek custody.

Find you a lawyer.

Good luck.

Chris Schmiedeke said...

Anonymous, unfortunately they can deny you access as the courts have said that is within there rights. I suggest you talk to a local attorney who can more specifically answer your questions.

Good luck.

Chris Schmiedeke said...

Robin M, your answers are in the post. Everything you are asking about is contained in it.

If the child is in some sort of danger, or risk of harm then perhaps your son should seek custody and you could see the grandchild through him. The other option is for your son to set up and enforce visitation and you can see your grandchild when he does.

Good luck.

Anonymous said...

My husband has joint custody of his daughter with the bio-mother ,although she is not involved in the childs life at all.We moved an hour away and we let the child stay and finish the school year out with the greandparents. We go to pick up the child and the grandparents threw a fit and we ended up having to call the sheriff out to allow us to pick up the child. Now she is threating us with a lawsuit to try and take the child away from us because she wants her to live with them. We are very capable of caring for the child but the gparents want to raise her. I do talk to the bio mother and she actually wants me to either get guardianship over the child or adopt her, that way I as the stepmom will have some kind of rights when the gparents start to act up. I love this child as mine, the childs father has been a push over with his parents when it comes to his child because hes never had anyone on his side to help him with his daughter. (plus the bio mom told me that she would give up her rights to me if she had to, to make sure the child is not with the gparents. My question is would the gparents have any rights to take the daughter away from us. We all do live in texas. The child is very happy here with us, the gmother always yells, and badmouths the dad and biomom to the child, and the child loves the grandparents and does not want to disappoint them. the gparents always air the drama to the child. I dont know if I need to apply for guardianship or adoption, to help back the dad up and help in the fight, cause I know they are planning something.
thanks for any advise.

Chris Schmiedeke said...

Anonymous, you really need to contact a local lawyer and have them advise you. There are just too many facts I do not know. Many attorneys offer free consultations. Check around.

In general, grandparents can sue for custody if the current living situation of the child somehow endangers the child emotionally or physically.

Good luck.

Anonymous said...

Anonymous, Recently I have kept up the court order of visitation rights with the other parent. I am the custodial parent. We do reside 100 miles or more apart he does not seek to visit his child but I still follow through with the court order and let him see his child but at times it is not possible to accommodate with my work schedule his parents our child's grandparent have threaten to file for grandparent rights if I do not let them see our child when they would like! Can they legally do anything if the father which has rights does not enforce his rights. Please advice

Anonymous said...

My son is six months old and has seeb his father since he was born. However his father's mother who has also only seen him once is claiming she wants to get rights to my son. She is pushing his father to get rights also. The father has been using drugs off and on for the past two years and that is the reason why we split. I told them both they could see him whenever they wanted, but it had to be supervised and he had to be clean. I dont want my son around these people at all they are neglectful and abusive to their own children. Also they have not made a real attempt to see him. Can they get rights?

Anonymous said...

my daughter and her 21/2 year old son have lived with us since before he was born, his father has abused my daughter on more than one occasion not to mention he doesnt work and he smokes pot, we have supported our grandson since he was born and raised him even though his mother lives with us. neither parent has a job or place of their own.she just yesterday took my grandson and left with this man,My husband and I are wanting to get custody of our grandson and put a stop to this madness that his mother keeps subjecting him to. What can we do?

Anonymous said...

Hi hoping you may be able to guide us in the right direction.

My wife and I have a 3 year old daughter. We sent her for a weekend visit to her grandparents for a weekend visit. During the visit she was molested by another young lady that was visiting her grandparents home. When our daughter told us about what had happened we contacted CPS and the Police Department to file a report.
We took her to the CPS for them to interview our child the CPS works comfirmed that they felt what was being said was completely true. We where told by CPS that our daughter could no longer visit the grandparents with out supervision by one of us our a guardian.
Long story short we have followed that to the T. Now it is a 1 1/2 years later we have not allowed visitation with out supervision they have very little to no contact with our daughter. We have found from another family member they plan to sue us for Grandparent Rights. Does it sound like they have a leg to stand on? Should we contact our attorney now or wait and see how the cards are played?

Anonymous said...

i am a 19 year old mother of a 4 month old boy me and my fiance are together but we are having problems with my mother in law she is trying to get grandparent rights and i want to know if that is possible in the state of Texas as i have heard it isnt she is threatening to take him and go to court because we moved out the reason we moved out is because her, her son which is paraplegic, and her husband smoke dope all day long and i am scared she is going to try and get custody she claims that she is the one taking care of him but we havent had any type of contact with her in 3 months.. someone please let me know something. thanks

Anonymous said...

Any help....

My mother-in-law lost her son Richard in 2008 and Richard had two kids. Mother-in-law used to raise the kids and has been a very active role model since they were born. The kids mother is refusing to let anyone in our family see the kids because of a very long (5yr) confrontation.

What can the Grandparent do to get visitation rights?

Thanks,
Any Help in Austin,TX

Chris Schmiedeke said...

Anonymous, she needs to contact a lawyer where the kids live and discuss this with them.

A blog is not the proper place to discuss such a lengthy and personal issue.

Fred said...

Good Evening. I am a 42 year old soon to be grandparent. My daughter who is 18 is due at any moment, actual due date is 8/30/2009 and living with my wife and I. The father of my unborn grandchild is 23 and still married to his current wife. They are not legally separated or divorced but do not live together. The father of our unborn child has not showed any signs of stability. He has lost 5 jobs in 4 months. My daughter has made no effort in obtaining work. The father keeps promising she doesn't have to work. Taking emotions completely out of the picture, he has brainwashed her, uses mind control. Everyone in our family can see it obviously except my daughter. The doctor said she's ready to go this week and they have nothing for the baby. no diapers, wipes, crib mattress, blankets, clothes nothing. Everytime we tell our daughter lets go shopping for the stuff the baby needs she tells the father and he gets angry and so she continues to say no to us. Yet as grandparents we cannot let someone put our unborn grandson in jeopardy like that. For 4 months now several times a week we've questioned both my daughter and her boyfriend, "Do you have stuff prepared for the baby yet?" The typical answer is we will. Well now she's due any day now and they still have nothing. It's obvious with his track record of jail time, lack of job stability he cannot provide for his child. He still doesn't have a job. My daughter doesn't want to work, she wants him to take care of her. That doesn't leave our grand child any room to be properly taken care of. What rights in Texas do we have to put a restraining order against him and take temporary custody of our grandchild when born until such time both parents can prove to the courts they can provide a stable home life, income?
Thank you,
Fred

Chris Schmiedeke said...

Fred, you would have to prove that the child is in some kind of physical or emotional danger. You are going to have a hard time proving that for an unborn child.

Additionally, if the mother and the child are living with you, how would show a physical danger?

This is a tough one. I suggest you contact a local attorney and see what their experience is with the court in which the case would be filed.

Good luck.

Anonymous said...

Hi Chris~ I am grandmother to 3 beautiful children, ages 11, 7 and 5. Our daughter, their mother, passed away suddenly just over 3 years ago. We have always been a very close family, very involved in the grandkids lives. For the first year after her passing, I kept the kids constantly, traveling back and forth to help out for extended periods of time. As time went on though the inevitable happened...he began dating and remarried a year ago. We welcomed her with open arms and were very happy for the children and him....BUT.....now that the honeymoon is over, we are being denied more and more access. This is very upsetting because the bond we have with our grandkids is very strong. We have tried talking with them about it and we always feel that things will get better....but they don't. If we filed for grandparents rights, what is the normal amount of time that is usually granted? Is it just day visits...or overnights? Once or more days per month? I don't want to do anything else to impair our relationship if it won't give us more time with them than we already have. I hate that I'm even looking at this site....why can't people just be fair? We miss our daughter and now we feel we have lost her children as well. Thank you for any advise you can give...

Chris Schmiedeke said...

Anonymous, there is no set amount of time that a grandparent would be given. It will vary from court to court. However, I think you would be safe in assuming that perhaps a weekend per month would be a reasonable guess.

My best advise is to contact an attorney in your area, one familiar with the judges, and see what they think.

Good luck.

Anonymous said...

My stepson's wife left him with their son. She moved in with her grandmother. What can my wife and I do to make sure that we get to see our grandchild?

Chris Schmiedeke said...

Anonymous, you can visit when your step-son visits or reach an agreement for other times. Other than that, grandparent visitation rights in Texas are severely limited.

granny said...

In Texas, my grandaughter is 7 & lives with her dad. He works off & on. They live with his parents (unemployed) & grandmother in a 1 bedroom FEMA traveltrailer. The grandaughter's dad drinks quite a bit, & has moved the grandaughter in with 3 different women in the past 2 years. He moved her through 3 schools in her kindergarden year & plans on moving twice more this year in her 1st grade year. Finally, every Sunday the family goes to a beer joint frequented by bikers for drinks & the live band. They take my grandaughter along. Her mother is not any better & probably would provide an even less suitable home. I am a professional, single 52 year old, own my home, live a responsible conservative family oriented lifestyle. Do I have grounds to gain custody?

Chris Schmiedeke said...

Granny, you do if you can prove that her living arrangements are unsuitable and pose a significant threat to her physical or emotional well being. What exactly that means is for the Court to decide and each court has their own opinion.

I suggest you contact an attorney and discuss it with them. The lawsuit would have to be filed in the county in which the child lives or where the last court order was entered regarding the child so you may want a lawyer there.

Good luck.

Anonymous said...

Our son was incarcerated 2007. He has 3 children under the age of 13. His spouse took them to visit him and so we would also visit with them, until a year ago when she moved on and started another relationship with a man. During the marriage between our son and his wife, she would leave for months at a time and we would move in and take care of the children until she returned, therefore we bonded closely with the children. We simply want visitation rights with our grandchildren. As grandparents do we have any legal rights to visitation with our grandchildren?

BP said...

I have a question about preventing my mother in law from attempting to get rights to my children.

I have been a Stay at home mom for 3 years now. I have no history with CPS, the law (as far as my children go--explain later.).

In November of 2008, I was put on Lexapro for Social Anxiety Disorder. After my husband deployed, because it was very difficult for me to take my children places alone without panic attacks.

I had an extremely bad reaction to the medication, which left me "cold" if you will. (though my kids were never abused, neglected or mistreated.)
We allowed my mother in law to take our children for a week, while we worked on our marriage from the issues arising from the effects of the medication. In which we were in an altercation, where we both were arrested. The charges were dropped, and we were never convicted.
I will be the first to admit I was not the best mother or wife, or mentality competent during this 3 month period. It was a low point, in my life, in which neither before or after has my family had to endure.
My mother in law, is very unstable, never asked to see my children, or contact them. But as soon as our short stay in jail happened wants "rights" to them.

I don't know how to express enough, she has no real interest in the "safety" or well being for my children. If anything, she has caused instability in their lives, by the constant attacks on our financial, and emotional resources. My husbands family, is 100% supportive of us, and can attest to the claims of no contact with our children over the years, and witnessed her admitting her purposing inflicted financial harm.

Can my three month melt down, hurt me deeply if she actually takes us to court? Is there anything I can do, to prove prior to and following the medication, I have been a competent mother, with a safe household, in case my parenting is called into question.

That was first and only encounter with the law, and I have no history of mental instability other than my diagnosed SAD (social anxiety disorder--in which I have been seeking help to overcome.)

I love my children deeply, and I want to protect them. Making sure she has no access to them, is a major concern for myself, husband, and both our families.

(Sorry so long!)
Thank you

Chris Schmiedeke said...

Anonymous, you need to talk to a lawyer in your area quickly. I advise that you file suit (if you are going to) before September 1, 2009.

You have grounds to file it sounds like, whether you prevail or not is wholly up to the judge.

Good luck.

Chris Schmiedeke said...

BP I would not worry about it. It is VERY hard for grandparents to get any rights in Texas. She wold have to prove that their present circumstances endanger them emotionally or physically.

I she does file, contact a lawyer immediately to protect your rights.

Otherwise I would not worry about it.

Good luck.

Anonymous said...

My husband's daughter has become upset with us for ridiculous reasons and has told him we will never see our 3 year old grandson again. We are so upset. Can we get an visitation rights to see our grandson???

Chris Schmiedeke said...

Anonymous, absent some unusual circumstance (all of which are listed in my posts) the answer is typically no.

Anonymous said...

We have a situation in our family where my sister in law is seeking custody of her 2 grandsons (son's children.) There is very bad blood between her and DIL. We keep doing reseach and keep seeing,"present circumstances harming emotionally or physically", but never any examples of how high the burden of proof is. CPS is on the side of the parents. There have been allegations of abuse but nothing that can be proven. I have adviced her to stop and try to agree to some terms with parents for visitation. I dont think she has a chance. Would appreciate any thoughts you have. She has spent
10K and has obtained nothing but continuances.

Chris Schmiedeke said...

Anonymous, the burden is very high. Some case law (rulings by the court) suggests that the only way to overcome that burden is with professional testimony. In that case, even with professional testimony, it was not enough for the grandparent to prevail.

Hope that helps.

Good luck.

Anonymous said...

I guess you would say I'm in a different sitatution, but here it goes. I have a duaghter who is 15. Her father has legal custody of her. We just found out she is pregnant. Now he is giving her optains and one of them optains is for her to give up her parental rights and her father along with her step mother would raise the child so she could contuine with her life. Now I have spoken with my duaghter and she is still unsure of what to do. Her father has told her if she decided to keep the child she could forget about college, no more sports and she would have to pay for her own childcare. Now I've told my duaghter people do it all the time. She would also have the help of her step father and I. I would help her in everyway possiable for her to finish school, get back into sports, and even get in to college. I wanna know if I do have rights to my grandchild? Would he be able to keep my grandchild from me having any involement with my grandchild? What would be my steps to be able to have a say so as far as having a relationship with my grandchild. I too was 15 when I had my duaghter. At times I wish things could have gone different but I never regret my child.
please help with whatever posssiable advise you can give.

Thank you,
Lost grandma!

Chris Schmiedeke said...

Lost Grandma, you have equal rights to the father. He has no superior rights to the grandchild. It is the parents of the child who have the superior rights to the grandparents.

If she terminates her rights a lawsuit would have to be filed to do so. You could Intervene (file a lawsuit to participate) in that lawsuit to assure that you have continued contact with the child.

My personal feeling is that the mother should NOT terminate her rights.

Talk to a local attorney and get a second opinion. Many offer free consultations.

Good luck.

C Shaver said...

I'm in a situation where my stepdaughter is preventing us from seeing our grandson. He has lived all but the last five months of his life with us and she is currently residing in a shelter. Though she isn't currently incarcerated or in some type of trouble, she doesn't have a job and is living off what her ex-husband sends.

Have you heard of instances that are similar in which grandparents have been granted visitation rights? Honestly, his mother is unstable and my wife and I are very concerned for his wellbeing. Thanks!

Chris Schmiedeke said...

C shaver, these cases are really factually driven. That means that every case is different and dependent on the facts of that specific case. It also depends on the judge that hears it.

It is impossible to predict what will happen in a case such as this. I do know that it is incredibly hard. Most people do not even have the ability to file the lawsuit in the first place. Read the post to see if you can even file the lawsuit.

Good luck.

Anonymous said...

Just wanting to know what to do if I would like to have access to my grandson . My son just died last week and we buried him this Monday and first of all he was 16 and the mother is 15 they both lived in their own homes but my son was involved even signed the birth certificate and has been buying things for the baby which is 2 months old. All I want is visitation rights because by Tuesday I was told that I could not have the baby for visits anymore if I wanted to see him it would be at their house and for a limited time. We have had the baby over at our house for about 3 weekends in a row before this happened and just for information my son committed suicide because of a breakup with the mother. What are my options?

Chris Schmiedeke said...

Anonymous, the answers are in my blog post. The requirements to file (which it sounds like you meet) and what you have to prove after that are all listed.

It is very difficult to get Court ordered visitation rights as a grandparent. I would suggest that you contact a local attorney and get their take on it.

You may be best just working it out with the mother the best you can. Definitely try to keep things amicable with her, she holds a lot of power in this situation.

I am sorry for your loss, and I hope things work out for you in the future.

Lorrie said...

I am a lesbian and my parents found out on 09-27-09. On 10-06-09 I was served with a TRO because they are trying to intervene. My parents have helped me take care of my girls (get them off to school, homework etc) I work full time and I am a full time student. My parents nor my kids knew my partner was living with me for the past 6 years (yes my kids live with me, long story behind this). The documents I have received are not clear but I believe they are citing emotional abuse. I am in Bell County. What are my chances of keeping my kids? I do have an attorney but I would like an outsiders opinion.

Anonymous said...

I have a question, my stepsons mother from california shipped him out to his adoptive grandparents without my husbands consent. The adopted grandpa dropped off the petition. But the adopted grandmother is alleging that my husband "never provided for my stepson while in her care", and he is detrimental to my stepsons well being. She has no proof, i.e, police, or court records to back up her claims. Two we have correspondence in which when we did find out that he was sent to tx that the adopted grandparent "didnt want any clothes or help" cause he had stuff passed down to him (clothes etc... and she with held a mailing address to contact my stepson, as well as the biological mother) Two Does a adopted grandparnet have that kind of "authority" over a child whos Father was and still trys to be involed in the child's life?

Anonymous said...

And we do have a lawyer and a expert, I also would like an opinion. Thank you for taking the time in reading my comments.

Chris Schmiedeke said...

A parent's rights are usually superior to a grandparent's rights absent some showing that the parent is unfit.

Anonymous said...

ok, so then we have nothing to worry about. Considering we have proof to state against their filing. Thank you, I just wanted some reassurance outside of our lawyer and expert. Can we counter sue them on funds spend once the court sees that the file on her end was frivolis, and with no solid backing? At least on my Husband's end. The bio mother has drug issues.

Chris Schmiedeke said...

You would have to address that with your lawyer, as well as everything else in these posts. They are the best equipped to deal with your case and know all the facts whereas I know a few sentences.

Good luck.

Anonymous said...

My daughter is 18 and just had a baby boy on February the 2nd. She and the baby had been living with us ever since last week. My husband and I brought everything for the baby. Baby's room was all done but because we asked that the baby's father not come to our home every day, she got mad and left to live with him and his family he is only 17 and still in high school and does not even had a job. Now she is not letting us see him until we agree to allow her boyfriend back into my home which I will not. Do we have any rights at all...My daughter is not working and is trying to go back to school there is no income coming in and the baby's father step-dad is the only one working. We supporting my daughter thru all of this taking her to her appointment, as well taking the baby to his appointments. But, because I didn't give in to her and asked that the baby's father come to our home 5 days a week instead of 7 she left. We told her we would take her to his house on the other days but that wasn't good enough. Is there anything we can do...

Chris Schmiedeke said...

Anonymous, I cannot comment specifically on your situation, but if you learn anything from my posts it is that grandparent's have almost no rights to their grandchildren through the Court.

The courts have said that a parent should have the ultimate decision on who does and does not have access to their children.

Continue to try to work with your daughter. Things will change, and she will be back.

Good luck.

clvrest1 said...

Back ground:
i am a single mother who has had a fight over custody and lost five years ago and had full custody taken from me due to a drug addiction at the time. Custody was given to each of the dads and i have visitation weekly to them both.
Situation A:
after doing every thing ordered and being five years clean and sober i am thankful to say i now have a 3yr. i have been fully employed steady and held a study household but the father of this one relapsed (Drugs) 2.5 yrs ago with a violent split with a D.V. charge on him violated his probation. he has done another stent in prison and rehab who is now out again and back on drugs as my P.I. has come acroos but during all of this his parents which i had always given full access to the child has now filled a temporary custody order on her summer visit and was give the custoday by a judge three days after i was served i was in shock had no time/money to gain a attorney.i showed up alone expecting it to go home with her or the judge to give more time to acquire a attorney but no he gave temp custody to them and gave me monitored visitation 6 hours a week with child support and fees of visitation which is $20 per hour.The judge would not allow me to speak and only heard views and accusations from there attorney which of course was hear say on my closed case of my other children of five years ago (before my new child was even a thought) also hear say on them having her in there full custody for 6 months which i understand it my word against theirs. i do admit i let them have her every weekend and any extra days they asked for i really felt guilty since ther son/childs father was in jail and was to have no contact with i nor the child due to a protective order placed during the DV case the child was in the room of the DV and the state took over that case.
Situation B:
30 days after the temp order verdict. the grandparents held another custody date in court same judge of course granted full custody giving me monitored visitation full child support . the deal is i nor my attorney was never notified by the judges clerks office. Shocking gets better it was the day of the child's birthday this judgment was given. i giving a b-day party and a judge gives away my rights to my daughter.my attorney found this information out two days latter by merely running into there atty at a luncheon. after further investigation we found that the judges office NEVER notified anyone but the grandparents hint the judge and grandparents are from the same small town in Texas( dekalb) 60days later i got another day in court with 12 character witnesses and employer witnesses the only one on the docket that day waited for two hours for the judge to finish lunch and the judge sent out for the atty's to come see him in his chambers 18 mins pass and we was all dismissed the atty's sent back out with only two thing acomplished the previous order thrown out and a home study ordered. the statement given was that the judge didnt have time to hold court with this big of a dispute that day.
Situation C:
now 90 days after the non court appearance my atty has found that the home study ordered by the judge was never filled by the judges office and non has to be refilled and im am to still wait up to another 90days for the grandparents to get there part done till it moves to me. pretty much at my whitts end.
Question A:
Can i change venues and if so would it be a good idea at this time?
Question B:
Can i just change judges if so how?
Question C:
How do i go about reputing there allegations of the 6 months in there household for which they initiated this with?
Question D :
what else should i do ?

:(
Being patient is not helping at the moment and my atty keeps getting shot down by this judge every paper we file
Desperately searching the web for any help,
Clvrest1@yahoo.com

clvrest1 said...

Back ground:
i am a single mother who has had a fight over custody and lost five years ago and had full custody taken from me due to a drug addiction at the time. Custody was given to each of the dads and i have visitation weekly to them both.
Situation A:
after doing every thing ordered and being five years clean and sober i am thankful to say i now have a 3yr. i have been fully employed steady and held a study household but the father of this one relapsed (Drugs) 2.5 yrs ago with a violent split with a D.V. charge on him violated his probation. he has done another stent in prison and rehab who is now out again and back on drugs as my P.I. has come acroos but during all of this his parents which i had always given full access to the child has now filled a temporary custody order on her summer visit and was give the custoday by a judge three days after i was served i was in shock had no time/money to gain a attorney.i showed up alone expecting it to go home with her or the judge to give more time to acquire a attorney but no he gave temp custody to them and gave me monitored visitation 6 hours a week with child support and fees of visitation which is $20 per hour.The judge would not allow me to speak and only heard views and accusations from there attorney which of course was hear say on my closed case of my other children of five years ago (before my new child was even a thought) also hear say on them having her in there full custody for 6 months which i understand it my word against theirs. i do admit i let them have her every weekend and any extra days they asked for i really felt guilty since ther son/childs father was in jail and was to have no contact with i nor the child due to a protective order placed during the DV case the child was in the room of the DV and the state took over that case.
Situation B:
30 days after the temp order verdict. the grandparents held another custody date in court same judge of course granted full custody giving me monitored visitation full child support . the deal is i nor my attorney was never notified by the judges clerks office. Shocking gets better it was the day of the child's birthday this judgment was given. i giving a b-day party and a judge gives away my rights to my daughter.my attorney found this information out two days latter by merely running into there atty at a luncheon. after further investigation we found that the judges office NEVER notified anyone but the grandparents hint the judge and grandparents are from the same small town in Texas( dekalb) 60days later i got another day in court with 12 character witnesses and employer witnesses the only one on the docket that day waited for two hours for the judge to finish lunch and the judge sent out for the atty's to come see him in his chambers 18 mins pass and we was all dismissed the atty's sent back out with only two thing acomplished the previous order thrown out and a home study ordered. the statement given was that the judge didnt have time to hold court with this big of a dispute that day.
Situation C:
now 90 days after the non court appearance my atty has found that the home study ordered by the judge was never filled by the judges office and non has to be refilled and im am to still wait up to another 90days for the grandparents to get there part done till it moves to me. pretty much at my whitts end.
Question A:
Can i change venues and if so would it be a good idea at this time?
Question B:
Can i just change judges if so how?
Question C:
How do i go about reputing there allegations of the 6 months in there household for which they initiated this with?
Question D :
what else should i do ?

:(
Being patient is not helping at the moment and my atty keeps getting shot down by this judge every paper we file
Desperately searching the web for any help,
Clvrest1@yahoo.com

Anonymous said...

I'm having an issue with my parents. My ex had custody of my 2 boys 7 and 8.Because in 2003 I had a drug probllem. I have been clean from drugs since 2005. He was accused of hitting a 8 year old girl on the butt. While he was being investigated I filed for custody. I won custody in Feb 2010. I have been in a relationship with someone for 5 yrs now. And we are expecting a child in April 2010. Me and him separated for about a month. I moved in with my parents. My current boyfriend and my mother got into a altercation because he did not want me leaving. He kicked her truck denting the door. She pressed charges. While I stayed with them they told me I could not see or talk to him. Or they would kick me and my children out. After a month me and my boyfriend moved into a house together trying to work things out for the sake of our unborn child with my 2 boys. My parents were so angry they told me they would be taking my children from me. I believe they are going to say that my current boyfriend has a anger problem and my children are in danger. I am a very good mother. And would never put my children in a bad situation. Please help.

Chris Schmiedeke said...

Anonymous, as I have previously stated, it is hard for grandparents to exercise any rights over grandchildren in Texas.

That being said, if a parent makes bad choices and puts a child in harms way that may open the door for a lawsuit. The key is to make good, safe choices for a child.

Until they actually file a lawsuit, I would not worry about it. You only need to worry if they do file a lawsuit. In that event, contact an attorney as soon as possible to protect your rights. Your lawyer would need to be in the area where the lawsuit is filed and the child lives.

Good luck.

Anonymous said...

My nephew is incarcerated and his wife will never work and has a drug/alcohol problem. My brother (the children's grandfather has raised the kids (3 of them) most of their lives. (11 yrs,, 13 yrs, and 15 yrs). The mother has taken the kids away can my brother seek guardianship.

Chris Schmiedeke said...

Your brother needs to contact an attorney as soon as possible. Under the right conditions he can sue for custody.

I assume this is a Texas case. He need to find an attorney in the area in which the children reside to seek custody. Good luck.

Anonymous said...

I need some helpful advice here about a difficult situation I am currently facing with my daughter and grandaughter. It is a rather long story, but bare with me. My daughter and her boyfriend (6 years ago) had a daughter, who is down's syndrome. My daughter has a severe drug addiction to xanax and drinks heavily in combination. Over the course of six years, my grandaughters dad has been to prison (3rd strike) for growing marijuana in his home (where my daughter and grandchild were residing). My daughter removed herself from the situation to live with me and her father with her daughter. Through the course of that time the drug abuse and alcohol problem continued within our home. When the father got out of prison they moved back in together to "try to turn over a new leaf" and took my grandaughter back to the situation she was still recovering from emotionally. A year later, the relationship ended and my grandaughter was then dragged to ANOTHER mans house where the abuse continued. Here we are 6 months later, same song and story, and she is with another man wishing to drag my grandaughter with her, only this time it is to a different state. My grandaughter has been living here for the last month while my daughter runs around with her newest man. What is most unfortunate about it all is the emotional damage done to my grandaughter. She has major anger problems, exhibits signs of beings verbally and physically abused. We are worried that her mom will try to pick her up from school, disappear to the different state, and never be heard from again. It is our wish to take custody of her at this time. How long will this take, is it possible, and is their any hope for my grandaughter? She can't handle it anymore...and I dont want her to be hurt anymore; physically, mentally or emotionally.

Chris Schmiedeke said...

Anonymous, it is impossible to advise you on something like this in the comment of a blog.

You are going to have to contact a lawyer where you live and sit down and talk with them about the situation. That is the only way to get good advise.

You are not going to be able to get the help you need from a blog post.

Good luck.

Anonymous said...

Need to know if you think I have a case for getting my Grandparent right in Texas for my 3 year old granddaughter, will spare you alot of details. My son signed his rights away to his daughter 1 week after she was born, only dated 4 weeks and she got pregnant on purpose. DNA it is his daughter. I was there the day she was born, and then she wouldnt let me see her till about 1 year later, since then she has been in my life for the last 2 years, spending the night with me at least 10 times, out to eat with me once a month. Over to my home 20 or more times to play,do her Christmas, Birthday ect...she as been to church with me, and other family gathering...I have lots of photos...she calls me MeMe and I Love her..Now her Mom is getting married and today her husband is adopting her. I dont have a problem with that...but now she has decided not to allow me to see her again, She has custody and I will be trying see a lawyer? what do you think? do I have a case for grandpartent right visitation...Lori

Chris Schmiedeke said...

Lori, these questions are just too detailed for a blog post. You really need to talk to a local attorney.

You can explain to them all the facts and they will be better able to advise you on what course of action to take or not take.

Good luck

Hmontoya8987 said...

Iam a mother of my first born, I live in Dallas, tx. And iam currently living with my parents right now just so me and my fiance can save some money, while we work on our house. His mother is very stubborn and will not try to talk/be civil with me, after a rocky relationship me and my fiance have moved past from. She complains about not seeing the baby more, and its only becaues she will not see me, only my fiance can drop him off at her house. But he rarely even has time to do that, becaues of his job. She told him that as the grandparent she should get to see him almost every weekend. Iam more then far to her, I have done nothing but be nice to her. And she thought about taking me to court to get that, and my question is Iam a stay at home mom, that is 100% to my son, can she really take him away from me? Just becaues shes to stubborn to be civil with me and let me drop the baby off instead of my fiance?

Chris Schmiedeke said...

hmontoya8987, re-read my post on grandparents seeking visitation rights for their grandchildren.

Unless they specifically meet all the criteria, they cannot even file the lawsuit let alone win one.

I doubt the grandma can even file the lawsuit.

Good luck.

HopelessinDallas said...

My granddaughter stays with mom in San Antonio and we do not get to see her more than one week a year and she makes us drive the whole way to get her. My son is afraid to go after his visitation rights because he is not caught up on his child support and thinks she will send him to jail.

In the meantime she abuses this and keeps her away from him and us. Are we just SOL and there really isn't anything we can do?

can we force the visitation that was court ordered? Or is it all up to daddy? I know that two wrongs do not make a right but I don't want to see him in jail either.

Chris Schmiedeke said...

HopelessinDallas, your son needs to exercise his visitation. The mother cannot deny him access based upon him not paying child support.

Additionally, most order provide that he can designate someone to pick up the children. That could be you. He would need to be involved in the visitation, but you could pick up and drop off.

You cannot enforce his visitation, he would have to do that.

He needs to get his child support caught up. He should pay current support and pay a little each month toward arrears, even if it is only $50 per month.

Good luck.

His Nonni said...

My grandson was taken by CPS from my son and his girlfriend. During the course of the CPS hearing my son passed away. My grandson was then returned to his mother. I had filed an intervention during the course of the CPS case and when my grandson was returned to his mother she and I agreed that I would continue to pick my grandson up once during the week and every other weekend. After doing this for 2 years she has stopped letting me see him all together. I would like to seek visitation rights to my grandson...is this possible? Also my son's right were not terminated prior to his death nor was anyone charged with having hurt my grandson. My son, his girlfriend and her parents were all suspects in my grandsons injuries. The courts, CPS caseworker, CASA, therapist, and attorney for my grandson were all in (strong) favor fo me continuing to be in his life (this was stated in court transcripts).

His Nonni said...

My grandson was taken by CPS from my son and his girlfriend. During the course of the CPS hearing my son passed away. My grandson was then returned to his mother. I had filed an intervention during the course of the CPS case and when my grandson was returned to his mother she and I agreed that I would continue to pick my grandson up once during the week and every other weekend. After doing this for 2 years she has stopped letting me see him all together. I would like to seek visitation rights to my grandson...is this possible? Also my son's right were not terminated prior to his death nor was anyone charged with having hurt my grandson. My son, his girlfriend and her parents were all suspects in my grandsons injuries. The courts, CPS caseworker, CASA, therapist, and attorney for my grandson were all in (strong) favor fo me continuing to be in his life (this was stated in court transcripts).

Anonymous said...

I live in Ca and my grandchildren live in Tx. My sons parental rights were terminated and the kids were adopted by their moms husband. Their mom and her husband are now divorsed and he is trying to get full custody of the kids. Can I file for grandparent rights? The adoptive father will not let me or my son see the kids and their mother is scared of him. What can I do?

Rosale said...

My daughter and son-in-law have lived with us for two years. Last year they had a son. We have provided complete support for them during this time except for car payments. There was a fight and they moved out, he quit his job and they moved in with is parents in another town. My daughter told me I would never see my grandson again. Do I have any rights a grandparent for visitation?

Chris Schmiedeke said...

Rosale, unfortunately there is not a lot you can do. The legislature and the courts believe that a fit parent should be able to decide who the child does and does not visit with, including grandparents.

Sorry.

Please read my new blog at www.chrislawyerblog.com for updates.

Anonymous said...

I was put in the hospital, and cps and the local police said ,that they would be calling my family to pick me and my granddaughter up, once I was discharged to leave the hospital.I was told that the hospital stay would just be to make sure that I was okay. When the police approached me and my granddaughter at a local diner.I was told that I needed to be checked to make sure that I was okay to drive home. We were just eating and waiting for the locks smith to unlock my keys, that I left in the front seat of my car.The officer had my car towed and said that I would have to be taken to his office. He stated that he just wanted to make sure that he wrote a report ,and that my family would be notified to pick me, and my granddaughter up. While we were waiting in the office where the police officer took us, two women claiming to be with cps grabbed my granddaughter and ran outside with her. I ran after the two women and the police man grabbed me and threw me across a chair and hancuffed me, and said I told you what I would do if you didn't let your grandchild leave in a calm state with those lady's . He stated that if I didn't do what he said that it would turn out really bad for me. He placed me in a hospital. My granddaughter is still missing and we have had no access to her where abouts or what happened to her.She has been missing since 09/15/2010. We have been trying to get her since 09/16/2010 when I was released from the hospital with the doctor signing off on my discharge papers ,that I was okay and that I would not need any medicine or after treatments . I was released in good condition and of sound mind no medications needed.What can we do we need help getting my granddaughter home. what can we do when cps is ignoring our calls and mis informing us about anything that we are asking that pertains to my granddaughter. We have no money for a lawyer . What can we do?Please we need help. Can you give us advice?

Chris Schmiedeke said...

Unfortunately I do not have any magic advise. You really are going to have to get an attorney.

Do everything you can communicating with CPS, save your money, and get a lawyer.

Good luck.

Anonymous said...

My fiance has lived with his parents for 2 months. Before he moved in he was a single father for six years on his own no wife, or live in girlfriend. My fiance now wants to move out, and stop children from going to church with their grandparents and go to church with him where they should be as a family. She is threatening to file for custody. Does she have a leg to stand on? My fiance has worked at the same place for 24 years, he does not drink, or do drugs.

Grapes said...

Mother of Two girls 13 and 8. Six years ago I moved out-of-state, but case is still in Texas. I currently have a visitation order in place, however my 13 year old daugther comes home with issues over long summer visitation from her father's. My daughter does not get along with her fathers girlfriend of 10 years. This girlfriend always yells, screams at my daughter which I do not accept. I know as a current Stepmother to my husbands daughter I would never disrespect her. I would never allow my current Husband to yell or scream at my children. My daughter always calls crying to me that she just wants to come home. Obviously she can't come home cause she is out-of-state, plus visitation rights show she should be in fathers possession during summer visitation. My daughter has call me several times over the last couple of years that we have lived out-of-state telling different situations that have occured such as father drinking and driving with her in car, father and girlfriend physically fighting, threats to her if she call me "mom" and etc. I dont' want to take my daughter from her father, however she no longer wants to visit her father. I don't want my daughter as she gets older to simply be on visitation with dad then run away or skip her flight or etc. I would love for her to continue to see grandma, aunts and uncles back in Texas. I love his family just because they have always been there for her since she was born. I don't know where to begin? I am currently unemployed and can't afford an attorney, I just need some help advise or way to find right forms to fill out!

tejasyelwrose said...

9 yrs ago our daughter gave CPS her twin girls in a desparate depressed and drugged state. We found out after a month - it took us two weeks to find them. CPS treated us as criminals and gave us one chance to see them and all other vvisits we would arrive but they would not be there. Case worker told her supervisor we would ont return her calls or ste up appts. The opposite was true and is once agian true.
We gave up when the attorneys we spoke to gave us no hope and the emotoinal torture the case worker practiced was too much.
Now after 8 yrs they all of a sudden contact us. "we somehow lost touch" she says. The letter says they want to contact the parents, and asked if we wanted to see them or have our home checked for possible placement but talking to her she said oh just thought you would like to see them.
What do they really want we get no trueth from them. one child is a bit immature the other is severly autistic. She did not cope to change essecially severe change and turn into a baby even at 4. her problems have never been proberly treated in a specialized center liek it should have been. She'll nver be able to get in to one now (she will be 13 soon - I checked with the good successfull Dallas centers. In a short time these two will be separated and this will be devastaing at the way I anticipate it will be done.
Since the oldest appears to be in a condition to be a ward of the state the rest of her life what does that mean for her?
We can not afford to take her care on and our insurance will not cover if we did.
Will she ever get what she needs? How do they plan to help the girls cope with the separation when it happens? CPS will not discuss anything much and what little said we find out is lies.

We are afraid to say much to CPS becuase they shut us out of the girls lives before wthen they were 4 & don't remember us. The youngest knows who we are at least now. What will happen if they do this to us all again?

Where do you go? Who do you trust?

Anonymous said...

My mother-in law told me as of today that if we ever choose not to let her see our children that she will take us to court and sue us for visitation rights, " because grandparents have rights". My question is this, we don't ever leave our kids with her by herself for the following reasons:she has shot herself in the stomach years ago when my husband was about six or seven years of age, she has tried to kill herself on pills twice and was rushed to the hospital, when me and my husband first got together she tried to accuse me of killing her. Now she is all religious, and says that she is on missions from god and that god tells her to do things. I don't want to take the kids out of her life, BUT I want to make sure I know her rights. I would never think in a million years that a court would take my kids from me and place them with someone that has tried three times to kill herself, for visitation or custody. We live in the state of Texas. Any help would be great thank you!

Anonymous said...

I am a married parent of two daughters age 3 and 4. We currently have a problem with them visiting their grandparents (my wife's parents) because of a difference in religious beliefs. Without visiting doctrinal reasons let me just say that it is very important to us that neither we or our children watch TV. We have made this request known to the grandparents but it is not being respected. So we have not allowed our children to go over to their house in a couple months. They are more than welcome to come here and see their grandchildren but they won't. We live about 3 miles away. I think its just pride. We are normal working Americans with no criminal history or any cultish beliefs but we are concerned that they may try to take us to court. Is there any real threat that they may be given forced access to our children?

Chris Schmiedeke said...

No, there is no threat.

Be sure to check out my new blog at www.thedallasdivorceblog.com.

Anonymous said...

I have found your blog to be very informative. I have just a few questions that maybe you could answer for me. My parents filed for sole managing conservators of my neice and they got it. My sister was named a possessory conservator with supervised visitation but there is no set schedule. My sister is now claiming that she is going to file to get her daughter back however she has no job, no income, and lives where ever she can for however long she can. Since the order is already done and has been in effect since November is that possible for her to do? She pays no child support has only asked to see the child 6 times since November and calls maybe once every3 to 4 weeks to talk to her. We live in Texas by the way if that helps or makes any difference. Also the order was set this way because she did not even bother to show up for court.

Shari said...

My parents obtained grandparent rights from the courts in 1996in which me and my childs mother were not yet divorced. My childs mother and I finally divorced in 1999. The final decree states nothing about grandparent rights. Do they still have these rights? Texas

Anonymous said...

My twins father recently passed away. For a year & a half his mother used him as a tool to have visitation with our twins which she has seen 7 times in their 2yrs of life. Now I am receiving harrassing letter via mail that if I don't contact her concerning allowing her to visit with the twins - she will take me to court & win her grandparents rights & I won't have a choice.Her son abandoned our twins for the 1st 21 months of their life until she decided to get him an attorney. I am not unfit, neglectful, or abusing my children. Do I really have to endure the next 16 yrs with an over bearing, controlling, stalker of a person interfering in our lives? I paid almost $9000 in attorney fees previously & to me its money wasted that could have gone to caring for my children, since their father never did...

Anonymous said...

Me & My Daughter do not get alone at all. She will not let me are my wife see our grand children. Can she do that? Can we get visitation roghts to see the kids? My daughter has has issues with me for a very long time. and i have no clue what it really is. but it's her way are no way.

Anonymous said...

I am searching for advice. My brothers kids live with their mom and my brother does not have contact with them due to his poor choice. My mom wants to know if she has any rights to his kids and if so how would she be able to obtain those rights? Thank you for your help.
Jennifer

BloggerChic said...

My husbands ex wife is the sole managing conservator of their boys and he is the appointed possessory conservator. However she does not and has never had the boys live with her. They have been with the maternal grandparents since the divorce 5+yrs ago. Child support is paid to her (as per the court) and she does not help them in any way financially. She goes long periods without seeing the boys and they seldom speak to her as she comes and goes as she pleases. The grandparents are scared she will snatch the boys away as they do not have legal custody of them and she does. My husband has standard visitation (1st,3rd,5th, etc)Recently, talks between the grandparents and us have come up about how we can initiate the child support getting redirected to them. The AG's office informed us the grandparents would have to seek legal counsel and take her to court for custody. Not only do they lack the financial means they are fearful she will take the boys if she finds out of their plans. She gets angry at them and has always held the boys over their heads. Are there any options available that may help ease the financial burden? Is there any division of the attorney generals office that would represent the grandparents?

Anonymous said...

My husband, son and I live in my inlaws "guest house", in Texas, that we are currently making small payments on, in the form of paying for my inlaw's cable and internet as well as "overpaying" our portion on our joint electricity (so they don't appear to have income that would affect soc sec check). So our "rent" is only about $150 a month all said and done. Does this count as us living with them since we do not have a written purchase agreement? Could they attempt to claim custody of our son if they wished?

Anonymous said...

My husband and I have been together for 10 years and have 3 kids- 8 5 and 3. For the last 6 years in particular we have been fighting with his mother for the way that she treats the kids- she has spanked them for having an accident to the point where they would not use the bathroom for a week. She also constantly demeans and humiliates and gripes at them for the smallest infraction to the point where the two oldest kids have made me promise to not see her anymore. She refuses to talk to us about the way she treats them and will not treat them the way we want to although it is the same course of action we are working with at the school etc. The last time we saw her she tried to take my youngest physically from me and threatened to sue us. She asked for the kids again today and we said that she could see them with supervision if she would sit down calmly with us and discuss the way they were to be treated. So she is going to sue again or call CPS or whatever. We live together and are not in jail and have a stable life for them (renting a house that we will buy for over 2 years). They are doing well in school ("a joy to have in the classroom" "thank you for sharing her with us"). Being with her is emotionally damaging to them and we feel like we have to do the right thing and monitor the relationship unless she treats them better. We also have numerous friends and relatives that can attest that we are good parents. The only problem we can see is that she starts fights and tears us apart when she is here- so maybe losing our temper with her could be brought up. Does she even have the ability to file? What is the best way to protect our family from this insanity?

Thank you for your advice.

Anonymous said...

Chris,
I had CPS take my kids from me and my boyfriend. They are in foster care right now. My question is can my mother or my boyfriends mother end up having temporary guardianship of my kids? Right now we are waiting on CPS to do a homestudy on a family friend for our kids to be placed with her. Is there any law stating that the family has to be looked at first for placement?
Also, can CPS terminate my parental rights without me knowing about it?
Thanks
Worried Momma

Twinkie said...

My grand baby is 13 months old and has always lived with me and my husband. My daughter, the baby's mother lived with us up until about a month ago. Before she left she never cared for the baby's needs I did. The baby thinks of me as her mommy not her grandma, especially since my daughter left. My daughter tried to come back but she is engaged to a man who has many warrants out for his arrest, (his record shows four felony thefts) and I won't let the baby be around him. Her biological father has supervised visits on Saturdays, it usually ends up being 3 times per month. He recently contacted me and told me that he knows the baby was left with me and wants to change custody to 50/50. I could agree to this but my daughter isn't in the picture and I have no rights. I cant even get her shots. I am at a loss as to what my options are. I want at the very least partial custody. I have documented all the times my daughter left and didn't come home and neglected the baby's needs for the passed year. She recently did not re apply for medicaid and now that has been cancelled. I want to put her on my insurance but my work wont allow it. Do I have a leg to stand on?

Anonymous said...

My daughter and I live in NC , she was involved with a someone and they had 2 children together but it was a rocky relationship drugs on both sides . well a year ago he upped and moved to tx without telling us where they (the Kids ages 2 and four now)would be living only knew it was outside Austin- since we have no money we could not find them or an address on them so forthe better part of 7 mos I was on the internet and finally hit on an address and current phone number the address however was no longer valid . He has a new girl friend and is saying he has turned his life around and that they want my daughter to sign over all her rights to him and the new girl and until she does she will not see her children . He says texas law is on his side since he has had them for ayear is that so since he took them and basically hid them and would still be hiding them if i had not found their number on a traffic ticket he received in texas.

Anonymous said...

My wife and I have raised and cared for our grandsons their entire lives (3 & 6 years) up until about 5 months ago, my daughter took them to live with her and a live in boyfriend there have been a lot of issues with my daughter, she has used the boys their entire lives as pawns to get waht she wants such as money.

We called the police last week becuase of what we thought was brusing on the the 3 year old bottom, the marks were almost 2 days ols and the police said it looked more like a rash to them but what ever was there was clearing up, this was the wrong thing to do it upset her and she has called CPS stating that our house is and unsafe place for the boys ans we also have another 6 year ld and our daughter here at the house.

One of her complaints is that I the grandfather bath with her 2 boys, nothing more than baths, I bathed them both at the same time it was easier for me to bath this way; I never in my life thought this could be a problem, never tried to hide the fact, could this be a problem with CPS?

Anonymous said...

Quick question: My former spouse had lost vistation due to drug abuse/family violence. His parents intervened and were allowed short visits that they were court-ordered not to share with their son. They ended up sharing one of their visits and mother refused additional visits after finding out their counsel failed to file the mediated settlement agreement as a final order. Thus, they never had an order for access. The son has now died. Step-father would like to adopt, but the parents are still invovled as intervenors, despite that portion of case being over. Do they have to be notified of adoption? How can they be removed from the picture?

Anonymous said...

What can we do as grandparents to help change the laws of visitation for us. Our children get angry and take our grandkids away, how it's that right. Personally I am very attached to my grandchildren. I just dont understand how we don't have visitation rights, especially if you have helped financially, such as taking them to doctors appointments, giving them money for pampers, milk, ect., buying them groceries so they don't have to go hungry.

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Anonymous said...

Hi,I have a question? My daughter and her boyfriend are going from house to house, my granddaughter is 1 month old and they are living in a home with a chain smoker. He does marijuana and has in the presence of my granddaughter,the worst part and is that they hit each other and my daughter allows him to smoke in the baby's presence.

I have supported my daughter for 5 months of her pregnancy due to her not eating well with him. Now that my granddaughter is 1 month he has taken them both and like I said going from place to place and hitting her, yet she says nothing but takes it all because she loves him. What can I do as a concern grandmother. Any ideas. Thank You in advance.

jessip32@gmail.com said...

My Son and his wife lived with me since she had the first child and got pregnant with the second child. they have only been living on their own for one year and filed for a divorce. My son left and moved to Texas with his father and I was getting the grandchildren alot until I had an argument with her on not getting the head-lice out of the children hair for a year now and my oldest grand baby is almost 3 and can not talk hardly at all and the doctor wants her hearing checked and have an hearing support group come and help her with that she refuse to get them regular check ups and do the hearing test but yet has the money to go get a breast implant done I am fed up with her and my son not making good decisions for my grand children can I do anything about this she is now denying me the right to see them and my heart is just broken the bond I have with my granddaughter is almost if she is mine. I need advise my heart is turning on what to do.

Anonymous said...


My sister lives in TX, and is currently going through a divorce. Prior to filing for the divorce her soon to be ex-husband was incarcerated. At the time of his incarceration his mother filed a suit for grandparents rights on the basis that he was in jail. Now the soon to be ex-husband is out of jail, and the divorce in in full swing, except that the grandparents rights were never terminated. The soon to be ex-husbands attorney has petitioned the court for the rights of the grandparents to remain in effect as well as for the father to have his NCP rights as well. My sister does have an attorney, but we are feeling like there could be more done to resolve these issues? If you were representing my sister based on the very little information provided how might you combat this situation?

Anonymous said...

Hello..we live in texas..my husband and I have been together 11 years married for the last 5 and have 4 children together, the oldest(now 10 years old) is biologically not his but has absolutely been raised ONLY by us. Biological father had no interest or concern after the 2nd month of pregnancy. Due to strained relationship with my mother, her and my father are threatening to obtain a lawyer and have certain rights. They have not been denied any type of visitation with any of my children and i had expressed concerned of favortism of our oldest son (the 10 year old) since then they have been slandering both of us on public social sites and bringing up the fact of my husband not being the biological father. Due to this and the emotional heartbreak it would create if our son ever found out, we have chose not to allow our children to stay at their house but have not denied them access any other way..our children are taken care of, have everything they NEED, NEVER abused, we haven't been incarcerated for any reason, no drug or alcohol abuse..Do they have grounds to sue us for visitation/access?

Anonymous said...

My husband and I are managing conservators of our twin grandsons and their father, our son, is possessory conservator. The mother was terminated by CPS. We have had the boys since they were 10 days old and they are now 3. The judge ordered that their teenage sister could have visitation but no one else is ordered for visitation. The sister lives with the mother's parents. The final judgement states that the mother shall not have possession or access to them. She is allowed access to their sister at her parents' home. The grandparents are insisting we let the boys visit at their home and we have refused since the mother is allowed there. I think by reading your notes that they could
normally ask for visitation but I am wondering if we could be required to let them visit at
their home under the circumstances. We do let them visit in our home when they want
to.