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.
- 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
- 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
- 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
- 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
- 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
- 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:
- The grandparent has had substantial past contact with the child; AND
- 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:
- 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
- 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
- The grandparent requesting access to the grandchild is a parent of a parent of the grandchild; AND
- The parent has been incarcerated in jail or prison during the three month period preceding the filing of the lawsuit; OR
- The parent has been found by a court to be incompetent (a separate lawsuit); OR
- The parent is dead; OR
- The parent does not have actual OR court-ordered possession of or access to the child.
- The parent has been incarcerated in jail or prison during the three month period preceding the filing of the lawsuit; OR
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.
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!
79 comments:
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
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.
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?
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.
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
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.
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.
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.
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.
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
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.
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!
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.
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?
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.
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
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...
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?
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.
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?
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.
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.
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.
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
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.
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!
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.
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.
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!
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
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.
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.
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.
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?
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?
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?
Anonymous, you need to contact a lawyer and file a lawsuit.
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.
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?
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!
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?
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
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
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.
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.
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.
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.
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.
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, 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
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?
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?
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?
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
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
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.
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
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.
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...
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.
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?
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.
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?
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.
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?
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
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.
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.
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???
Anonymous, absent some unusual circumstance (all of which are listed in my posts) the answer is typically no.
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.
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.
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!
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.
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!
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.
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?
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.
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.
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