Family Law Attorney James Meyrat has assisted dozens of grandparents and family relatives in obtaining custody papers for children who have been in their care for several months or even years because of parental neglect, abandonment, or death.
James Meyrat is often referred by Alamo Area of City of Governance (AACOG) to assist seniors with child custody matters, and has developed a specialty in grandparent and nonparent custody. Call James Meyrat at 210-733-6235 to discuss your grandparent custody case today.
Grandparent Rights for custody of grandchildren are complex in Texas. Family lawyer James Meyrat can help you navigate around many of the challenges that come up in grandparent custody cases.
It’s becoming more common that grandparents are finding themselves taking care of their grandchildren. Perhaps the parents of a child simply are not interested in being parents. Maybe the child has been left with the grandparent “just for the weekend” which turned into months on end. Whatever the reasons are, the grandparents are more or less assuming the roles of parents, and might as well get custody papers to show it to schools, hospitals, and social security office.
Threshold Requirements to Receive Grandparent Custody
In limited circumstances, the family court of Texas will grant a grandparent or nonparent custody of the child.
Here are the preliminary requirements that grandparents must satisfy to be granted custody of a grandchild.
- A grandparent must have had actual care, control, and possession of the child for at least a six month period, not ended more than 90 days prior to filing the suit; OR
- The parents of the grandchild consent to give the grandparent custody.
If the grandparents have had custody for the required six months, they must also show either:
- the child’s present living environment presents a serious question concerning the child’s physical health or welfare; (parent drug addiction, parents in prison, validated CPS investigation, death of parents); OR
- both parents, the surviving parent filed the petition and has consented to it;