Grandparents can seek custody of their grandchildren in serious situations where the the behavior of the child’s parent will “significantly impair the child’s physical health or emotional well-being.” In Texas, grandparents almost never can win cases to just get a little visitation with a grandchild. However, if the child’s parent is dangerously mentally ill, is in prison, abusing drugs or alcohol in provable and serious ways, abusing the child, or neglecting the child in a way that really endangers the child, then a grandparent has a good chance to win primary custody of the child.
Grandparents who are thinking of filing a lawsuit to get custody should ask these questions:
- What are my chances of wining and what happens if I lose? If a grandparent sues for custody and loses, then the parent may never let the child see the grandparent again.
- Is this really a good idea given my age and health and how young my grandchild is?
- Can I afford a custody fight in court? A child custody case can cost $40,000 or more.
- Do I even have the legal right to sue for custody? The ability to even file a lawsuit for custody is called “standing.” A grandparent usually tries to prove standing under Texas law by showing either (1) the grandparent has had actual care, control, and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the suit. and the grandparent was performing the duties of a parent, or (2) order requested is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development.
Enos Family Law has years of experience helping grandparents fight for custody of their grandchildren. Click here for more information.