Legal Question in Family Law in Texas
Grandparent's Rights
I have been the sole managing conservator of my 8 year old grandson since he was 1. Both parents have court ordered support; however they are always at least 6-8 months behind, then they get an IRS refund check thanks to the EIC and we're good for another year. The father would like to give him up; however, mom doesn't want to. Dad hasn't seen him but 4 times since I've had him and he dislikes jail. She is 23 years old, married with two children and one on th eway. She and her husband move at least every 6-8 months, sometimes out of state, but she visits her child at least every couple of months and calls every week to 10 days. She is extremely irritated with me for taking this child from her even though at the time she was into drugs, etc. She would like him to come and live with them. I just don't see it happening and he doesn't want to go. She's a fairly decent person these days, no criminal, no drugs, etc. I would like to adopt and so would my husband. We're told she's a ''crappy mom'', but probably not crappy enough for us to win the battle. Any ideas?
1 Answer from Attorneys
Re: Grandparent's Rights
Honestly, if you have plenty of money, and she has none, you might be able to out-lawyer her and win.
ON THE OTHER HAND, if you came into my office with this scenario, I would probably advise you to let sleeping dogs lie. As it is you have created a safe and wholesome loving home for your grandson that might have had a horrendous life if you had not stepped in. You have the occasional aggravation of the bio parents, but it seems a small price to pay, considering that if you fight this, and she wins, there is the risk of losing custody to her.