Legal Question in Family Law in Texas
Grandparents custody of a minor
My nephew is currently staying with my parents. (His paternal grandparents) He is 13 years of age and would like to stay with them permanently. Is he old enough to make the decision on where he wants to live? Also, if he is old enough to make this decision, how would the grandparents obtain legal custody or power of attorney (if this is the correct term) so that he can be added onto health/dental insurance as well. As of now, his parents have no insurance. His dad has no problem with it, but his mother wants him to come back home. She drinks all the time and he wants to stay with his grandparents because of this.
2 Answers from Attorneys
Re: Grandparents custody of a minor
When both parents are alive, courts do not grant grand parents as managing conservators (custodians)unless child's health or emotional development is at stake. A child over 12 can choose managing conservator in writing filed with the court and the court must appoint a parent as MC unless appointment would impair child's physical health or emotional development. Grandparent can seek appontment as MC only if serious and immediate question to child's welfare. A grandparent can petition for reasonable access but hard to be appointed conservator.
Re: Grandparents custody of a minor
The child has to have lived with grandparents for at least 6 months in order for them to have the right to file a lawsuit.
A child can state after he/she turns 12 where they want to live. However, it does not control. It is one factor the Judge will consider.
The "best interests of the child" is always in the court's mind in making these sorts of decisions.
If you live in the Houston area, please give me a call at 713-847-6000.
Fran Brochstein
www.FamilyLaw4U.com
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