Legal Question in Family Law in Texas

Re: To get custody of my 8yr old grandson.

There are several options available for you and your daughter. It appears from your message that the natural father would be the biggest issue in all of this. It may be that grounds exist for complete termination of the natural father's parental rights. Grounds in texas for temination include abandonment, lack of support, and other similar situations. While he would no longer have an obligation to make support payments, his right to visitation or conservatorship would end. With his rights terminated, you could petition the court to be appointed as a joint managing conservator with the child. This is probably the most effective, but most painful and costly process. The second option is a "Designation of Guardian" that is more of an estate planning tool and designates the person or persons a parent elects as caregiver for his/her child if the parent dies or becomes incapacitated. Your daughter could elect you as guardian. You would have a paramount right to the father as a caregiver throughout the child's life, as a "closer" relationship with the child, and as the elected guardian under your daughter's estate planning work. The father could still put forward a fight, but you would have much more persuasiveness with the Court and would have a better chance of retaining your grandson.

If you have further questions or concerns, or would like to have such a document prepared, please contact me via e-mail at: [email protected] or via phone at: 254.756.5004 Thanks, and all the best.