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.