Legal Question in Family Law in Texas
What if a grandparent threatens custody?
I have been having trouble in my marriage and my mother in law came over and is threatening to take custody of my three children should I leave my husband. Can she do that? I'm not an unfit mother by anymeans..and my oldest is her step-granddaughter..is there any way she could take them away from me?
2 Answers from Attorneys
Re: What if a grandparent threatens custody?
Sounds like your mother is totally uninformed. You should always take these threats with a grain of salt. Although these things can happen, it is usually because the mother has done something really dumb in her personal life. 99 times out of a 100 custody will be with the mother unless there is some really good reason not to.
Re: What if a grandparent threatens custody?
I agree with James Grissom's answer.
FYI: Grandparent rights are limited if their child is alive and NOT in jail.
Also, the burden would be on any grandparent to prove the parent(s) UNFIT. A tough burden to overcome.
It's not impossible but it is not easy. Also, most grandmother's threaten their daughter-in-laws all the time! It won't be anything new.
Don't be surprised if CPS shows up at your door with an anonymous call about you being an unfit parent.
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