When Can Grandparents File for Custody in Texas?

 Posted on August 29, 2024 in Child Custody

In most families, a baby is born and raised by his parents. However, it is not so clear-cut when the parents get a divorce, or the parents are unable or unwilling to raise the child. Texas courts prefer awarding shared custody to both parents whenever possible, but under certain circumstances, other arrangements might be in the child’s best interest. If your children cannot provide a safe and healthy environment for your grandchild, speak with a knowledgeable Collin County, TX family law attorney about seeking conservatorship.

How Can a Grandparent Request Custody?

To be awarded conservatorship of your grandchild in Texas, you need to prove that there is a good reason to do this.

• Temporary guardianship: If the child’s parents recognize their inability to raise the child, they can choose to sign a Minor Child Power of Attorney form to award the grandparents temporary guardianship. With this power of attorney, grandparents can make all decisions about the child’s upbringing and care. This is often used if the concern is not about the safety of the environment the parents provide but other reasons, like the parent’s military deployment, significant injury, or a relocation for work. This type of arrangement can be revoked at any time by the parents.
• Court order: If you are concerned for the child’s safety with her parents, you can file a petition for a court order of conservatorship. To be eligible, you need to have a significant relationship with the child, be capable of raising her, and demonstrate that giving you custody would be in the child’s best interest. Fill out a petition that explains why you are requesting custody. There will be a court hearing where you and the child’s parents have the chance to present your cases, and the judge will make a decision.

How Does Grandparent Custody Work?

There are two main types of custody or conservatorship grandparents can be granted:

• Managing conservatorship: With this, grandparents are granted full legal control over the minor child. They can decide where the child will live, what school he will go to, what religion he will be taught, and which medical procedures he should undergo.
• Possessory conservatorship: When a child custody case is underway, grandparents can file for possessory conservatorship, which allows them to make important decisions on the child’s behalf and be granted visitation rights.

Contact a McKinney, TX Child Custody Attorney

If you are concerned for your grandchild’s well-being, speak with an experienced Collin County, TX custody lawyer to learn about your options. At The Ramage Law Group, we are passionate about helping families move on from their challenging past and plan for a promising future. Call us at 972-562-9890 so we can get started.