Texas Grandparents and Legal Rights to Custody and Access to Children

by Ricardo Barrera

Texas Grandparents and Legal Rights to Custody and Access to Children

Texas Courts prioritize the rights of parents over their children and respect the rights of parents to raise their children as they see fit, so long as there is no imminent danger to the children because of the self destructive, or destructive decisions of the parents that put kids at risk. 

Grandparents may petition a Texas Court for custody of a child if:

  • the parent of the child is deceased for which the grandparent is the parent
  • if the parent confers standing to sue for custody by agreement
  • if the grandparent has had care, custody, or control over the child for at least 6 months and files within 90 days of that time for custody. 

Courts look at drug abuse, criminal behavior, and lack of support over the child’s education, health and general welfare very seriously and it’s important that there be evidence of any issues in these areas as judges are usually swift to make orders for the best interest of the children when these factors are at risk.

Sometimes a parent goes to jail. Sometimes a parent goes to rehab. Sometimes a parent goes to a foreign country to serve in the military. It’s important that children have someone with the ability to take care of them and who is trusted by the parent or the Courts to make decisions in the best interest for a child. In Texas, temporary orders can also be prepared in cases where this is appropriate.

Overall, Grandparent Rights are very complex and are often highly competitive cases, where one should take on a lawyer with extensive Family Law experience and experience litigating cases at trial.

For a free consultation, call The Barrera Law Firm at 956-428-2822 or contact us online at Barrera Law Firm.



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