Divorce can be a trying time for everyone involved, but the children are often the ones who suffer the most. There may be situations where neither parent is able to take care of their kids, such as when both parents are addicts. In such cases, the grandparents of the children may decide to file for custody.
The Texas Family Code Section 102.004 specifies when a grandparent is entitled to request custody of a grandchild. If certain requirements are met, a grandparent can file a lawsuit that impacts the parent-child relationship, potentially leading to custody of the child.
Conditions for grandparents to obtain custody
Grandparents in the state of Texas can file for custody of their grandchildren if any of the following conditions are met.
- The first condition states that there must be a genuine concern regarding the grandchild’s physical well-being or safety due to their current living situation. This may include instances of maltreatment or disregard towards the child from abusive or addicted parents, or instances where the child’s living conditions are detrimentally affecting their mental or physical health.
- The second condition is often referred to as “de facto” custody. In other words, the grandparents must demonstrate that having permanent custody of their grandchild is in the child’s best interests, and the grandchild has been living with their grandparents for a minimum of six months.
- The third condition states that the grandparent must act as the child’s parent because the actual parents have either died, been declared incompetent, been imprisoned or had their parental rights revoked. This condition in particular acknowledges the important role that grandparents may play in their lives.
If you are a grandparent who is seeking custody of your grandchildren in the state of Texas, seeking legal assistance can make the challenging process easier to negotiate.