The biggest obstacle that grandparent(s) have when it comes to filing for conservatorship of their grandchildren
is standing. A grandparent must have had actual care, control and possession of the child for at least six months
and not more than 90 days before the date a petition is filed. This is a very high bar for grandparents to meet.
There are no automatic rights to custody for a grandparent. There are ways to obtain conservatorship of your grandchildren.
1. An agreement signed by the parent(s) often done by a power of attorney. This can be temporary
and revoked at any time.
2. An agreement by the parent(s) and grandparent(s) by way of filing a lawsuit and working together to make it more permanent for the child(ren).
3. A lawsuit filed by the grandparents serving the parent(s) and coming to an agreement without going to Court.
4. A lawsuit filed by the grandparents serving the parent(s) and letting a court decide if the grandparents have met the standing to proceed forward with the lawsuit.
Under Texas statutes a grand parent has the right to sue for managing conservatorship if there is proof that the child(ren) present circumstances would significantly impair his or her emotional or physical health or if the parents decided that it would be best for the child to live with his or her grandparents.
There are recent studies that have revealed that more grandparents in the United States are taking care of their grandchildren. This process can be very complicated and emotionally charged. It is important to consult with an experience family law attorney when you are seeking for managing conservatorship of your grandchild.
Contact us today to schedule your consultation.