Legal Question in Family Law in Texas

My granddaughter (9) has been living with me since she was born. Her mother has not lived me me since my granddaughter was 3 months. My daughter has since moved out of state for two years and has be ba k and forth but never taken responsibility for her daughter. Married twice and now has a two year old. She has used the granddaughter to get money from us but never took responsibility for her. We have lived overseas for two yeas with our granddaughter ( with a signed leter from her to take her out of the country). She has now taken her from us. She does not have the resources or the living space for a additional child. And cannot support herself. Using the 9 year old to help take care of the two year old. Do I have any right to have custodial ship of my 9 year old.


Asked on 8/19/12, 4:12 pm

1 Answer from Attorneys
T.D. Stevens T.D. Stevens & Associates PLLC

In Texas a court may award a grandparent "reasonable possession of or access to" a grandchild as long as least one biological or adoptive parent still has parental rights. The grandparent must "overcome the presumption" that a parent barring access is acting in the best interest of the child, language which aligns the state with the Supreme Court case of Troxel v. Granville. In order to overcome this presumption, the grandparent must prove that denial would "significantly impair the child's physical health or emotional well-being."

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Answered on 8/19/12, 4:42 pm


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