Legal Question in Family Law in Texas

Re: Relinguishing Child custody over to grandparents

Your son can relinquish his parental rights to you as managing or possessory conservator of the child. That would grant to you his rights in the child which would come through the divorce. If the mother is in trouble with the law and at risk to be incarcerated, you could petition the court to be named the managing conservator in the divorce. Depending upon the mother's circumstances, it is not likely that her parental rights would be terminated. What you are asking for is a complex legal matter, and you should obtain an attorney.

Re: Relinguishing Child custody over to grandparents

It is the policy of the State of Texas not to "Bastarize" a child, even though the parents are not very good parents. I once had a judge tell me that "they could win the lottery tomorrow and then they would be ordered to support their children."

Since you've had the child so long, you have "standing" to get custody.

Please be advised that grandparents have very few rights after the Supreme Court decision a few years ago. However, if you've been raising this child for more than 6 months, you have grounds to get legal custody of this child.

If you live in the Houston area, please call me at 713-847-6000 for a free consultation over the phone. Be sure to let me know that you found me on lawguru.com

Best of luck!