grandmother

Texas Appeals Court Denies Grandmother Standing in Custody Case

Published on: March 13, 2022 | by Kelly McClure

judge-and-gavel-in-courtroom-171096040-583b48533df78c6f6af9f0e3-300x225 A fit parent generally has the right to determine who has access to the child. In some cases, however, people other than the parents may seek visitation or even custody of the child. When someone other than a parent seeks rights in a Texas case, they must meet certain conditions. In a recent case, a mother challenged a court’s orders granting possession and access to the child’s paternal grandmother.

According to the appeals court’s opinion, the trial court appointed the parents joint managing conservators and gave the father the exclusive right to determine the child’s primary residence. The teenage parents and child lived with the paternal grandmother for about two years. Several months after the father went to prison, the mother and child moved out.

Mother Files Suit; Grandmother Intervenes

The mother petitioned for modification, seeking sole managing conservatorship. The grandmother filed a petition in intervention, asking to be named joint managing conservator with the right to determine the child’s primary residence or possession and access in the alternative.

Texas Grandmother Has Standing to File Custody Suit

Published on: March 25, 2021 | by Francesca Blackard

iStock-902725964-scaled In Texas custody cases, it can be very difficult for a non-parent to obtain custody or visitation of a child over the objection of a parent. In some circumstances, however, a non-parent (such as a grandparent) has the right to file suit seeking custody or visitation. One such circumstance is when the person has recently had care, custody, and control of the child for at least six months.

In a recent case, a grandmother sought custody of her son’s child after her son’s death. According to the appeals court’s opinion, the child was born in 2014. From 2014 to 2020, the child and parents lived in various places, including the paternal grandmother’s home in Wilson County. From 2017 to 2019, the child went to daycare in Wilson County. From August 2019 to January 22, 2020, the parents and child lived with the paternal grandmother.

Texas Parental Presumption and Joint Managing Conservatorship

Published on: February 28, 2021 | by McClure Law Group

There is a strong presumption in Texas family law that it is in the child’s best interest for a parent to be awarded custody over a non-parent. In a recent case, a father appealed a judgment naming him joint managing conservator with the child’s maternal grandmother. A central issue in the case was the father’s argument that he should have been appointed the child’s sole managing conservator based upon the parental presumption.