How Do I Make a Grandparent Conservator of My Child in Texas?
Full Question:
Answer:
Generally, the fact that a grandparent has had custody is a factor that may be considered by the court. The overall determining factor for the court is the child's best interests. We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all the facts and documents involved.
A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted an a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.
Please see the following TX statutes:
§ 153.373 FAM. Voluntary Surrender of Possession Rebuts Parental
Presumption
The presumption that a parent should be appointed or retained as
managing conservator of the child is rebutted if the court finds that:
(1) the parent has voluntarily relinquished actual care, control, and
possession of the child to a nonparent, licensed child-placing agency, or
authorized agency for a period of one year or more, a portion of which
was within 90 days preceding the date of intervention in or filing of the
suit; and
(2) the appointment of the nonparent or agency as managing
conservator is in the best interest of the child.
§ 153.256 FAM. Factors for Court to Consider
In ordering the terms of possession of a child under an order other
than a standard possession order, the court shall be guided by the
guidelines established by the standard possession order and may
consider:
(1) the age, developmental status, circumstances, needs, and
best interest of the child;
(2) the circumstances of the managing conservator and of the
parent named as a possessory conservator; and
(3) any other relevant factor.