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Can grandparents pursue custody of a child in Texas?

A typical custody battle involves two parents fighting over how to divide their child's time and where to raise the child. However, in many cases, the parents are simply not the best option for meeting the child's needs. Instead, it is sometimes wise for grandparents to step up to the plate and seek legal custody of the child. In Texas, grandparents may seek custody, but only if the circumstances and the grandparents themselves meet a number of qualifications.

In most cases, grandparents who seek custody in Texas face the difficulty of getting the case before a court. In order for a court to consider awarding grandparents custody, the parents of the child must be at least one of the following:

  • Declared mentally incompetent
  • Deceased
  • Living somewhere other than the child's home
  • Incarcerated

If a child's parent's fall into one of these categories, then grandparents are often allowed to petition for custody before a court. Once the matter appears before the court, the grandparent must make a strong case that granting them custody. This may mean demonstrating that the child and the grandparent have a significant relationship, or that parents are participating in dangerous behavior.

If you hope to successfully obtain custody of your grandchild, it is important to first build a strong case. A Texas family law attorney can help you seek custody as you strive to do what's in the best interests of the child. Your grandchild may need you more than they ever have, so do not waste any time taking action to give them the best life that you can.

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

Phone: 512-472-4040
Fax: 512-472-4086
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