Can I Get Custody of My Grandchildren?

 Posted on October 20, 2023 in Child Custody

Many loving grandparents jump at the opportunity to care for their grandkids especially if they learn that their little ones are growing up in an environment that is not safe or in their best interest. In cases where parents do not let grandparents spend time with their grandkids, some may decide to battle this out in court. However, situations where a grandparent can file for child custody are fairly specific. If you are caught in a family feud like this, whether you are a grandparent or a parent, an Austin lawyer can be your guide to understanding your rights.

When Can Grandparents File for Child Custody?

Under Texas law, there are rules as to who can kick off a legal showdown affecting the parent-child relationship. Grandparents usually get a shot at filing a custody case only when both of the child's parents have checked out. Sometimes, even if one or both parents are still in the picture, a grandparent might just squeeze through the legal door. For example, if a grandparent can prove that the child’s current living situation is unhealthy for their physical, mental, or emotional well-being, they may have a fighting chance. Other situations include the following: 

• There are also those rare cases in which parents just step out of the way and let the grandparents take over. 
• In cases where grandparents have been hands-on caregivers for at least six months, they have a green light to file for custody. 
• If a grandparent has been sharing the home with the child for half a year, and a parent has died. 

Do Grandparents Have a Fighting Chance in Child Custody Cases?

In Texas, the legal system usually starts with the idea that it is best for a child to stay with their parents. So, grandparents aiming to get custody from a parent often face a tough challenge. But, here is the twist: in every child custody case in Texas, the main thing the judge cares about is what is best for the child. In this showdown, everyone involved should be ready to present solid evidence showing they can really look out for the child's well-being. They may have to gear up for a guardian ad litem to dig into their case, too.

Schedule a Private Consultation with a Travis County, TX Child Custody Lawyer

When it comes to custody battles involving parents and grandparents, things can get incredibly tangled. At Powers and Kerr, PLLC we can guide you through the maze of who is eligible to file for custody of your child or grandchild. Plus, if necessary, an Austin, TX child custody attorney can put together a solid case for the courtroom. Call 512-610-6199 for a private consultation.