Austin Grandparents’ Rights Lawyer

When your grandchild needs to be cared for by you instead of their parents, you might need to assert your rights as a grandparent. Under state law, grandparents can sue for custody to care for their grandchildren.

For guidance in filing for custody and understanding your rights, consult an Austin grandparents’ rights lawyer. A knowledgeable family attorney could ensure you present the best case for why your grandchild should be in your custody.

What Are Your Rights as a Grandparent?

Usually, the rights of a child’s parents are considered first, and Texas Family Code § 153.131 creates a presumption that a parent should be the managing conservator, the primary caregiver the child will live with.

Under state law, grandparents can still intervene to obtain possession of and access to their grandchild. A grandparent can file for custody or sue to modify an existing arrangement under Family Code § 153.432. This suit can be for a right to see the grandchild and spend time with them even when the court is in the process of naming a managing conservator.

Conditions for grandparents possessing and accessing a grandchild are laid out by state statute. A grandparents’ rights attorney in Austin could give specific advice after learning more about a family’s situation.

Asserting Grandparents’ Rights

The best interest of the child always comes first. Courts are bound to consider a child’s best interest when deciding who should care for and interact with the child under Family Code § 153.002. A grandparent can show a court their care is in the grandchild’s best interest. Family Code § 153.433 describes that there must be a connection to the grandchild through their parents in order to file suit. First, at least one biological or adoptive parent must have parental rights. Second, a grandparent suing for custody must have evidence to overcome the presumption that a parent is the best option for safeguarding the child. Finally, a grandparent must show they are the parent of a parent of the child and that the same parent of the child cannot provide for the best interest of the child at the time because of one of the following conditions:

• The parent is deceased
• The parent has been found incompetent by a court
• The parent has been in jail in the three months prior
• The parent does not have possession or access, either actual or court-ordered

An order granting rights to a grandparent will lay out these conditions. However, Family Code § 153.434 forbids a grandparent from starting this process when both biological parents are dead, have had their rights terminated, or have relinquished their rights, and the grandchild has been adopted or is subject to a pending adoption action.

An Austin grandparents’ rights attorney could determine whether a grandparent can bring a suit. With legal help, a grandparent could ensure their grandchild gets the proper care, love, and support they can provide in the child’s best interest.

Explore Your Rights as a Grandparent with an Attorney

You may see yourself as the best option for caring for your grandchild. Their parents may not be able to provide the best care for any number of reasons, but you can still be there for your grandchild.

Working with an Austin grandparents’ rights lawyer could help you evaluate your position in relation to your grandchild, their parents, and anyone else who might try to gain custody. An attorney at Kimbrough Legal could listen to your situation and provide a strategy for asserting your rights. Contact us soon to give your grandchild the best possible future.