Grandparents' rights

      Does my being a grandparent give me the legal right (standing) to file suit for possession, access, or custody of my grandchildren?

     Put simply, just being a grandparent does not give you the right to sue for possession of your grandchild. Depending on the relief you are seeking, there are other requirements which must be met before you have the right to file suit. For example, if a grandparent seeks to initiate a suit requesting primary custody of the grandchildren (superior to the custody of the parents – “managing conservatorship”) against the will of the parents, it must be shown that the grandchild lived with the grandparents for at least six months (with the six-month period ending not more than 90 days before filing suit) or that the child’s present circumstances with the parents would significantly impair the child’s physical health or emotional development.

     Assuming I have the legal right to file suit, what must I prove to be awarded primary custody of my grandchildren?

     To be awarded managing conservatorship of one’s grandchildren, a grandparent must prove (1) that the appointment of the parents as managing conservators would not be in the child’s best interest because the appointment would significantly impair the child’s physical health or emotional development, and (2) the parents are unfit.

     Are there any presumptions against a grandparent being granted custody of or having possession and access to his or her grandchildren?

     There is a fundamental legal presumption that a parent, not extended family (including the grandparents), should raise his or her own child. This is based on the presumption that a fit parent makes decisions in the best interest of his or her child.  To overcome the presumption, the grandparent must prove to the court that the parents are unfit.

     What if I am not concerned with participating in the important decisions made on behalf of the grandchildren (ex. education) and I just want to see them regularly, do I have any legal right to have possession of my grandchildren?

     A grandparent can be granted access to their grandchildren, against the will of the children’s parents, if: (1) at the time of the request at least one of the parent’s rights have not been terminated by a court order; (2) access is in the grandchild’s best interest; (3) the grandparent’s own child (the mother or father of the grandchild at issue) has been in jail/prison for three months prior to filing or has been found by a court to be incompetent or dead or does not have court-ordered possession or access to the child; and (4) the parent is unfit or denial of access by the grandparents to the grandchild would significantly impair the child’s physical health or emotional development.

     Grandparents can also have the legal right to bring a lawsuit for custody of their grandchildren if they meet other general grounds of standing under the Texas Family Code.  Aaryn has experience with grandparents' rights cases and would be happy to meet with you to discuss your concerns as a grandparent.  Schedule your free thirty-minute consultation by calling (817) 803-2620.