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The information below is general in nature and does not create an attorney-client relationship.
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How do custody arrangements between unmarried parents compare with those of married couples?
There is no difference in custody arrangements between unmarried parents and parents who are or have been married.
What is “legal guardianship”?
A legal guardianship is when the court appoints an adult to act for the benefit of an incapacitated person. A person can be incapacitated if they are a minor (under 18) or an adult who is not capable either mentally or physically of managing their own affairs.
There are two types of guardianships: Guardian of the person and guardian of the estate. A guardian of the person makes decisions for the ward (the person who is incapacitated) with respect to their persons, ie., medical decisions, and where to live. A guardian of the estate manages the ward’s financial assets such as a bank account, stocks and bonds, and any other significant asset.
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What custody rights do grandparents have in Victoria, TX?
It can be very difficult in Texas for grandparents to obtain custody of their grandchildren. This is because the grandparent must show a change in custody is necessary because the child’s present circumstances significantly impair the child’s physical health or emotional development. Second, a grandparent must have standing, or the ability to bring a suit affecting the parent-child relationship.
There are several ways for a grandparent to obtain standing.
1. General Standing. General standing, applies to any person, other than a foster parent, who has had actual care, control, and possession of the child for at least six months ending not more than 90 days before the date suit is filed.
2. If the child’s parents are deceased, a person who is a relative of the child within the third degree of consanguinity (blood), such as a grandparent, a great grandparent, aunt, uncle, a first or second cousin, or a sibling, can file a suit requesting custody.
3. Specific standing for grandparents. A grandparent, or other relative within the third degree of consanguinity, can have standing if s/he can show a change in custody is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development. Another way is to show both parents, the surviving parent or the managing conservator either filed the petition or consented to the suit.
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