Legal Question in Family Law in Texas

Child Custody

My sister is 25 years old and has a 7 year old daughter. From the time of my nieces birth, she has lived with and been cared for by my parents. The mother has only physically lived with the child for 2 years at my parents home. The mother has an alcohol/substance abuse problem in addition has a personality disorder. The child is suffering from depression and anxiety. We want to intervene with Mom, get her into treatment, counseling, parenting classes by issuing the ultimatum of �go to therapy or we will file for custody of your daughter.� Having said that, the mother and dad of the child were never married and have a custody agreement -mom has custody, dad has visitation, dad pays child support. Dad lives 400 miles away and doesn�t visit often but calls frequently. If we file for custody, would the dad have to be involved? Would my parents have a good chance of gaining custody?


Asked on 3/30/07, 6:40 pm

1 Answer from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Child Custody

Dad would have to be involved. Unless parents are unfit, grandparents cannot obtain custody. If Dad wanted the child and is not unfit, he would win as against grandparents. It does sound like grandparents would win as against Mom. See my article on grandparent rights which you will find on my firm's website.

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Answered on 3/30/07, 7:11 pm


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