A Dallas mother who is believed to suffer from schizophrenia caused bodily injury and death to a child last week. In the aftermath of the tragedy, the mother’s family was repeatedly interviewed by the news media, in which they stated their complete inability to intervene in a legal manner. The woman’s sister said that the family knew that the mother was having severe difficulties, but short of taking the child away from her and risking a kidnapping charge, the only thing they knew to do was to alert authorities, a strategy that failed.
Even though it would appear to be a slam dunk to remove a child from an obviously dangerous situation and place her into a safe situation with a grandparent or other family member, Texas law does not view it in quite so simple terms. It’s actually a very difficult process, as attorneys in Austin will tell you. Texas law presumes that it’s generally best for children to be in the custody of their parents, so when a grandparent disagrees with this status, it’s up to the grandparent to prove otherwise. The guidelines and requirements for supplying such proof are rigid, indeed. Before any such case can proceed, the grandparent must first meet an initial standing requirement. If this requirement is not met, there is no case. Therefore, it’s critical to meet with attorneys in Austin who are skilled in the area of grandparents’ rights, as simply establishing the basis for the suit tends to be a one-shot proposition.
There are three types of grandparents’ rights: managing conservatorship; possessory conservatorship; and possession and access.
· Managing Conservatorship: In this suit, the grandparent seeks to have equal position as the parent or seeks sole custody of the child. There are numerous legal requirements involved that must be met in order for such a case to have merit, as the Texas Supreme Court ruled that more is required than proving that the grandparent would be a better parent. Attorneys in Austin who are experienced with grandparents’ rights will be able to walk you through the process, as well as build a successful case if you meet the necessary requirements.
· Possessory Conservatorship: Grandparents can only file this type of suit when an existing custody suit is in progress. However, the grandparent must still meet an initial standing requirement. In addition, the grandparent must prove that custody held by the parent or parents would “significantly impair the child’s physical health or emotional development.” Though that is the condensed definition of this type of actions, it is by far much more complicated. Attorneys in Austin are well aware of the need for such a suit to be precise and well-planned.
· Possession and Access: Unlike the possessory conservatorship, a possession and access suit may be filed as an original suit. Again, proving the requirements in this type of suit is a rigorous process, and timelines are sensitive. For example: An exception to the “significant impairment” standard exists if the child has resided with the grandparent for six months or more, but the suit must be filed not more than 90 days after this living arrangement has ceased.
Losing access to grandchildren is devastating, and when there is added cause for concern that parental custody is not in the child’s best interest, it also becomes urgent. Attorneys in Austin who are experienced in such cases will be aware of every nuance of the law with regard to grandparents’ rights and can first help you determine whether your case is valid according to Texas law, and if so, craft an error-free plan of action in the child’s best interests.
This article is written by a third party and intended to be informational in nature only and is not legal advice nor make claim to be accurate for any information provided in this article.
