Legal Question in Family Law in Texas
grandparents custody rights
I have two grandchildren, that have practicly been raised by me and my husband since they were born. They are now 10 and 8 years old. Their mother sent them home to us 2 weeks before Christmas last year. They spent the summer with their Dad (our son). They are still enrolled in our elem.school. but she wants to yank them out because now she wants them back. She has primary custody of them. but my son keeps them alot. She is very verbal abusive with them and they need couseling. We provide them with school supplies I go tho their school for meetings and have lunch with them sometimes. I pick them up from school every day. They are now playing softball in our area. They tell me they hate to live with their Mom and want to live with us. They are always tossed between their moms house and their dads and ours. but they call our house home. My son says he will back us up if we want custody of them. He is now remarried and has two other children. I got a letter from the school for excessive tardies and unexcuse absent since she took the boys with her. She has no one to take care of the boys because she works and has two other children. The boys are left alone alot. She has a boyfriend live in as a babysiter. And we belive she is on drugs
1 Answer from Attorneys
Re: grandparents custody rights
You certainly have the opportunity to seek custody of these children. The legal test is what is in the best interests of the children. Your age and health might be a factor. You would have to prove to the court that your custody is in the best interest of the children.