If grandparents in Texas feel that their grandchildren are being abused or neglected, they might be able to win custody of the children. However, grandparents applying for custody face a difficult legal battle as most courts assume that the children belong with their parents. Here’s what grandparents should know about filing for child custody.
Can grandparents file for custody of their grandchildren?
Grandparents might be able to file for custody if the parents essentially abandon their children on their doorstep. In some cases, the parents take advantage of the grandparents’ willingness to take care of the grandkids until the grandparents are basically raising the children. If the situation becomes extreme enough, they might wish to file for custody.
If the children are taken away from their parents’ home, grandparents can file for custody or apply to become foster parents. They can also attempt to sue for custody if there’s evidence of parental neglect or abuse. However, it’s extremely difficult for grandparents to be awarded full custody as courts are more likely to rule in favor of the children’s biological parents. The grandparents must prove that their grandchildren are being raised in an unfit environment and that they can provide a better home for them than their parents can.
Where can grandparents go for assistance in filing for custody?
Grandparents filing for child custody typically face a long and challenging legal battle. However, they might find it easier to gain custody if the biological parents are dead or incarcerated, the children are taken away by CPS, the parents abandon their children, or the grandparents are already raising the children and want to make it official. In any case, hiring a lawyer may make the legal process easier. A lawyer might offer legal guidance that helps the grandparents win the custody battle.