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The Law Office of Bryan Fagan, PLLC, recently secured a significant victory in a complex custody case. Our clients, grandparents from North Texas, faced an unfortunate situation when their grandchildren, living in Houston, found themselves in difficult circumstances. The children’s father was sentenced to twenty years in prison for a sex-related crime, and their mother was also incarcerated. As a result, the children were placed under the care of their maternal aunt. Determined to provide a safer and more stable home, the grandparents took legal action and decided to 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.
Legal Strategies and Custody Battles
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.
In conclusion, when faced with challenging circumstances, grandparents or other family members may find it necessary to take legal action to protect a child’s well-being. In cases where biological parents are unable to care for their children, such as in instances of incarceration or neglect, family members can choose to sue for custody. By pursuing custody through the legal system, they can ensure that the child is placed in a safe, stable, and supportive environment, ultimately prioritizing the child’s best interests. Consulting with an experienced family law attorney is crucial to navigating the complexities of custody battles effectively.
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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Other Articles you may be interested in:
- Consistent Relationship With Child Affects Custody Case Outcomes
- Costs of a child custody case with a Senior Attorney with the Law Office of Bryan Fagan
- Custody case parenting plan
- Grandparents’ Rights in Texas
- Grandparent Visitation Rights in Texas?
- Grandparent Rights, Standing, and the Parental Presumption
- How Does Summertime Visitation Work for Divorced Parents in Texas?
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- 10 Quick Tips About Parental Visitation
- When Your Child’s Extended Family Wants Visitation in Texas
- Supervised Visitation in a Texas Divorce: Can it happen to me?
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.
