Legal Question in Family Law in Texas

I have 2 grandchildren. One is 7 and the other is 2. They are currently staying with their father. Their mother (my daughter) has decided to take back her ex boyfriend who abuses drugs, alcohol and endangers the children. My daughter herself is a drug addict and alcoholic. The father of the children has them only so they won't be with the mother. He treats them as if they were a burden on him and he has more important things to do in his life then care for them. The point is neither of them have the best interest in mind for the children. My daughter has told me she will fight me for those kids just to make me angry, not for the best interest of the children. the story is alot deeper then this but those are the key points. my question is how hard is it going to be to gain custody of the children? i don't know that the father would fight for them but the man my daughter is with is a drug addict and alcoholic and a many times felon. i just want what is best for my grandchildren Please help!!


Asked on 11/24/09, 1:23 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It looks as if you'd have standing to file an original petition under section 102.004(a)(1) of the Texas Family Code.

The Supreme Court case of Troxel vs. Granville makes it somewhat difficult for "outsiders" (non-parents) to get custody of children, but under the right facts, it can be done. You'll want to have about $10,000.00 for an up-front retainer for your lawyer.

Read more
Answered on 11/30/09, 4:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas