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The child’s best interests and custody for grandparents

On Behalf of | Aug 27, 2015 | Family Law

In most cases in Texas, child custody is going to be awarded to the mother, the father or a split between the two. This is considered to be ideal by the court, which will often strive to make sure that both parents are in the child’s life.

However, in some cases, grandparents may be considered for custody. To do this, the court will look at all of the following things and try to determine if giving custody to the grandparents is the best thing for that child:

— The child’s emotional and physical needs. — The child’s health. — The child’s safety, well-being and general welfare. — The ability that the parents have — or do not have — to give the child what he or she needs. — What both the grandparents and the parents desire. — What the child wants. It’s important to note that the court may have to decide if the child is actually capable of making this type of decision on his or her own. — The relationship that the grandparents have with the child, considering how strong and important it is. — How long that relationship has existed. — Any evidence that points to neglect of the child, either by the grandparents or parents. — Any evidence that the grandparents or parents may suffer from substance abuse problems. — How well the child can adjust to a new school, a new community and a new home. — Whether or not the grandparents can give the child a loving home. — How much physical distance exits between the child, the grandparents and the parents.

If you want to seek custody rights as a grandparent, you must know how the court makes this decision and what legal steps you need to take. Please check out our site to learn more.