Grandparents’ Rights in Child Custody Cases

grandkids playing with their grandparents

Collin County grandparents' rights lawyersIt is only natural for grandparents to want to step in and seek custody of their grandchildren if something is not right with the family. More than seven million grandparents are currently living with a grandchild, and about 33 percent serve as the child’s primary caregiver. While you may think that your precious grandchildren are better off with blood relatives, it can be challenging to pursue your grandparent’s rights in Texas and get physical custody unless there are extreme circumstances involved.

Timing Is Key

The rights of parents take priority under Texas law. But, a parent’s actions can lead to their parental rights being terminated. For a grandparent to assume custody, the child’s physical and emotional well-being needs to be in jeopardy. In extreme circumstances, if the parent poses a danger to the child, Child Protective Services in Texas will place the child with the grandparents temporarily. You would need to act quickly. When a child’s best interest is not taken into account by the parent, a court will be more likely to grant custody to a grandparent who can provide a loving home.

Instances When You May Seek Custody of Your Grandchildren

The court may give a grandparent custody if at least one of the parents had their parental rights terminated. Here are specific instances when grandparents can raise their grandchildren. One of the following would need to apply to the parent: 

  • One of the parents is dead.
  • One parent has been in jail or prison for three months before the petition is filed.
  • The court declared the parent incompetent.
  • The court has not ordered custody. 

You could also get custody of your grandchildren if the parents relinquish their parental rights to you. In these cases, the parent should not have cared for the child for six months or more and within 90 days preceding the date of filing the petition.

Contact Our Collin County Family Law Attorney

We understand that it can be heartbreaking to see your grandchild suffer or worse yet to be separated from your grandchildren. An experienced Sachse family law attorney can help ensure grandparents seeking custody of their grandchildren explore all the options available. At Law Office of Brian Bagley we know the intricacies of child custody cases and are here to advocate for you and the child. Call (972) 843-7158 for a free consultation.


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