Weinman & Associates, P.C.
Legal Answers Now 512-472-4040

Texas case has some questioning family law

The case of a Texas mother who thought she had temporarily surrendered child custody to her parents has spurred some legislators to seek a new law to address custody issues.

The woman, 43, lives in Lubbock, Texas. She sent her 15-year-old son to stay with her parents, who run a program for troubled young people in an adjacent state, after he encountered some issues. Now, they will not return him and have filed court papers to keep custody of the teen.

A judge in the other state gave the grandparents full custody because she ruled the mother unfit for wanting to enroll him in the program.

In Texas, such issues are covered by the Texas Grandparent Access law, which took effect nearly two decades ago to guarantee that grandparents can still see their grandchildren in the event of death or divorce of the child's parents.

One group is advocating a change to the law, stating that frequently in custody battles between grandparents and parents, the side that has the most money to spend wins and the best interest of the child isn't always taken into account. While the director of the advocacy group acknowledged this case presents a unique challenge because it is being fought across state lines, he said there are plenty of cases just inside Texas to illustrate why the law needs to be changed. He said family law judges often see cases where non-parents want to interfere with, or gain, custody.

Now, lawmakers are getting behind the proposed Texas Parental Rights Restoration Act, which would give temporary custody to someone other than that parents only if abuse or neglect occur. It also would require a hearing within 45 days should the grandparents bring such action.

One law professor said Texas already grants protection to parents in all but extreme circumstances. However the law might need to be altered, Texas legislators owe it to the children of the state to make sure any laws on the books are in their best interest.

Source: KCBD, Critics: Grandparent access law threatens parental rights," Natasha Sweatte and James Clark, Aug. 27, 2012

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us Now To Begin
Speaking With An Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Weinman & Associates, P.C. Review Us

Office Location

Weinman & Associates, P.C.
8200 North MoPac Expressway
Suite 230
Austin, TX 78759

Phone: 512-472-4040
Fax: 512-472-4086
Austin Law Office Map