Triumph in Turbulence: Grandparents Fight for Child Conservatorship in Texas

The Law Office of Bryan Fagan, PLLC, recently celebrated a significant victory in a complex custody case. Our clients, grandparents from North Texas, found themselves in an unfortunate predicament. Their grandchildren, who lived in Houston, were ensnared in difficult circumstances. Their son, the children’s father, received a twenty-year prison sentence for a sex-related crime. The children’s mother was also imprisoned, which left the children under the care of their maternal aunt. This compelled the grandparents to take legal action and sue for custody. 

The Journey to Custody: A Grandparents’ Tale

In 2016, concerned about the well-being and development of their grandchildren, these grandparents sought our legal representation. Concerned about the detrimental influence of the children’s current living environment, our clients were eager to establish a safer, more nurturing home for them. Despite their limited contact with the grandchildren, they were determined to secure to secure custody. They believe they could provide the best possible upbringing.

Their initial attempt to win primary custody faced hurdles. We negotiated mandatory monthly visits in mediation. This marked a significant step, considering the limited interaction the grandparents had with the children over the previous months. This initial step laid the groundwork for future legal actions.

In a pivotal turn of events, the children’s mother faced conviction and sentencing. This resulted in a shift in guardianship from the mother to her sister. Seizing this opportunity, our clients approached us to renew their legal fight, this time seeking sole conservatorship of their grandchildren. They filed a petition in Harris County. Supported by detailed affidavits, they emphasized the potential harm to the children in their current environment.

Under the Texas Family Code, relatives within the third degree of consanguinity can sue for custody or seek managing conservatorship if a child’s health or emotional development is at significant risk. Our clients, being immediate relatives, met this criterion. They presented compelling evidence of the potential harm and neglect the children faced.

A Heart-Wrenching Case and a Remarkable Outcome

The case revealed troubling facts, including the lack of counseling for the children despite their traumatic experiences and inconsistent school attendance. The court validated our clients’ concerns, proving that the children’s current environment was detrimental to their well-being.

Ultimately, the court ruled in our clients’ favor, granting them conservatorship over the children. Although the biological parents retained some rights, they lost the ability to determine the children’s primary residence. This outcome marked a rare and joyful victory in court for the grandparents who sued for custody, and could now provide a loving and stable home for their grandchildren.

Navigating Complex Family Law: Guidance from The Law Office of Bryan Fagan, PLLC

Our clients’ journey to conservatorship was far from straightforward. However, their determination and our legal guidance led to a successful outcome. Their story underscores the critical role extended family can play in ensuring the welfare of children amidst familial crises.

If you are facing similar challenges or have questions about family law, the Law Office of Bryan Fagan, PLLC is here to assist. We offer free consultations to help you navigate these complex legal waters. Don’t hesitate to reach out for professional advice and support in these matters.


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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding Divorce, it’s essential to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.

Our Divorce lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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