Legal Question in Family Law in Texas
Grandparents rights to custody of my children
I was 16 at the time of having my first child my husband died of complications after surgery and i was eight mths. pregnant with the second child.
His parent offered to help me by taking the children until i could get on my feet,I am 24 now and they have been living with me for a month,I have seen them at their grandparents every month.
My oldest child is 7 years old and the second child is 6.
The grandparents said they would keep them until i got on my feet again and now that i have them back with me they are threatning to get full custody.
My question is in Texas what are the rights of the granparents with no gaurdianship papers signed the only document signed was authority for them to have medical attention served if needed and to be able to pick them up for school.
3 Answers from Attorneys
Re: Grandparents rights to custody of my children
If you have never relinquished custody of your children, then you have the primary right to their physical custody now.
It is not entirely clear whether or not the grandparents have visitation rights, but if they do they are limited and subject to your approval.
Retain a lawyer as this is a serious matter. If you cannot afford private counsel, contact your Legal Services Office.
Re: Grandparents rights to custody of my children
In Texas, grandparents have a right of visitation. This must be asserted through proper documents if there is a contest or disagreement. If you have the children now and you do not want the children to visit the grandparents, that would be your right. But, that would not be wise for the bonds that the children have with the grandparents. Perhaps the wisest move on your part would be to initiate the action to define the grandparents rights to visitation. If the children were in the possession of the grandparents at the time the petition was filed, they might stay there until the Court decided the issue; and depending upon your circumstances, you might run the risk of losing custody of the children until you could change your circumstances. I recommend that you try to find a lawyer who could help you.
Re: Grandparents rights to custody of my children
There are several "grandparent" statutes in Texas. In one, a grandparent may file suit if the "Child's present environment presents a serious question concerning the child's physical health or welfare. In another, the grandparent may file suit for possession and access if one of six requirements are met, the most important here being the the child has resided with the prandparent for six of the preceeding 24 month.
Please note that a recent Untited States Supreme Court case MAY have weakened or invalidated the grandparent access law (the case was not a Texas case but some of the language would seem to apply to Texas).
You should not sign anything or give up possession of the children until you talk to an attorney.
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