The Legal Challenges When Grandparents Have Custody of Children in Texas

A woman was arrested in Humble, Texas for stabbing two of her children multiple times. She is charged with two counts of injury to a child with serious bodily injury. The two children, a 10-year-old boy and a 9-year-old girl, were brutally attacked by their mother. The mother notified neighbors that she stabbed the children and the neighbor immediately called 911. Texas Child Protection Service investigators have yet decided if they would seek custody of the children. However, the grandparents of the children expressed that they were raising the children because their biological parents had drug addictions.

The Basics of Custody of Children for Grandparents

It is not a secret that grandparents are endeared to their grandchildren. However, there are many challenges grandparents must endure when they have custody of children in Texas. Custody of children during a divorce can involve complex issues that an informed Houston family lawyer can handle. Grandparents have certain circumstances to meet before custody of children can be granted. For instance, the court will not grant custody of a child to grandparents if it is not in the child’s best interest. After meeting this requirement, another circumstance must be met including:

• In certain cases when one or both parents has died, is found incompetent, have drug addiction issues, or has served time in jail
• In certain cases of divorce or separation
• If the parent(s) abused or neglected the child
• If a court order terminally ended the parent-child relationship
• When a child has resided with the grandparents for six months or more

The Challenges Grandparents Face

There are many challenges grandparents must face when they are fighting for custody of children. Visitation statutes does not grand grandparents power to have visitation rights. If someone adopted the child other than the child’s biological or stepparent, a grandparent may not request visitation rights. The court will also take into consideration the age, health, and financial ability of the grandparent(s) to ensure that the support and care is beneficial for the child. If you or a loved one is a grandparent and desire custody of children, you should contact a Houston family attorney.