Legal Question in Family Law in Texas
I�ve been under the impression that as long as a biological parent wants and is capable of caring for the child, that parent has custody rights over the grandparents. Does this change if the grandparents have been acting as de facto parents or can there be some kind of joint custody?
1 Answer from Attorneys
If the grandparents have had possession of the child for 6 months, they have standing to sue for conservatorship. Even if the win, yes, you can have joint conservatorship. Texas law highly favors parents over grandparents and even where grandparents come out ahead in custody battles, the law provides a strong presumption that the parents should be appointed joint managing conservators, unless the court finds that doing so would not be in the best interest of the child.
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