Your home has become a refuge for your granddaughter as her parents became lost in the grips of addiction. While you tried to be understanding at first, you are beginning to wonder if the parents are unfit and if it would be better to file for custody.
You are more than willing. After all, your grandchild means everything to you. But how does the law see it?
This is a highly complicated matter that should definitely be discussed with a knowledgeable and compassionate family law attorney. What we can tell you is that the parent-child relationship is very important in the eyes of the court. If that is ever called into question as not being in the child’s best interest—such as parents being considered unfit—grandparents can often provide necessary stability now and well into the future. Let’s explore this in more detail with today’s blog post.
How Grandparents Can File for Child Custody
Grandparents can file for custody of their grandchildren under certain conditions. At the top of that list is that they need to show that the child’s parents are unfit or that staying with them would harm the child’s well-being.
While the rules differ depending on location, common reasons include:
- Child’s Best Interest: Courts always prioritize the child’s best interests. If the child’s well-being is compromised in the parents’ care, grandparents may have grounds for custody.
- Parental Unfitness: If both parents are found to be unfit because of issues like substance abuse, neglect, incarceration, mental illness, or abuse, grandparents can seek custody.
- Abandonment: If the parents have abandoned the child—either physically, emotionally, or financially—grandparents may petition for custody.
- Parental Consent: In some cases, both parents may agree that the grandparents should have custody. Also, one parent may become incapacitated, and the other consents to a transfer of custody.
- Previous Role as Caregiver: If grandparents have been acting as primary caregivers for an extended period, they may have stronger legal standing to file for custody.
It’s important to remember that the court usually prefers keeping children with their parents. However, they may grant custody to grandparents if it is in the child’s best interest. If you’re a grandparent seeking custody of your grandchildren, you should retain the services of a family law attorney experienced in matters involving child custody in Texas.
Please Call Christman | Daniell Attorneys For Your Legal Needs Today!
Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
