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The traditional nuclear family of the 1950s is no longer the norm in the United States, if it ever truly was. Today, non-parents, including grandparents, play increasingly significant roles in their families, especially when parents are unable to fulfill their duties. In such cases, conservatorship for grandparents becomes a crucial legal avenue to ensure that children receive the care and stability they need. This article explores the complexities of conservatorship for grandparents and custody determinations, providing valuable insights for those navigating these important family law matters in Texas.
If you want to pursue conservatorship rights over a child, today’s blog post is for you.
Conservatorship for Nonparents
In some circumstances, non-parents can pursue and be granted conservatorship rights over a child. Let’s examine those circumstances in some detail right now:
Non-parents in general who have had actual care, control and possession of a child for at least six months continuously can pursue a conservatorship case in the Texas family law courts. The legal term for this ability to do so is called “standing”. The one catch is that six months of continuous possession and control must not have ended more than 90 days prior to the beginning of your conservatorship case.
If you are a foster parent, you can file for conservatorship over your child if that child has been in your home for at least one year with the same requirement as above that the one year period must not have ended more than 90 days prior to the beginning of your conservatorship case.
Finally, grandparents can file for conservatorship of a child in the event that there is sufficient proof in the eyes of your judge that your grandchild’s present living conditions will present a serious risk to their physical health or well-being.
Both of your grandchild’s parents, or the surviving parent if one is deceased, must request the court to name you as a conservator or must consent to your petition and request.
Suits Affecting the Parent-Child Relationships (SAPCR)
You file Suits Affecting the Parent-Child Relationships (SAPCR) when seeking conservatorship rights for a child. A SAPCR considers issues like conservatorship, visitation, possession, access, and child support. Divorce cases also decide these issues, but the rules of community property do not apply in a SAPCR.
Addressing Parentage in SAPCR
If the child’s father’s identity is unknown, the SAPCR may raise parentage as an issue. Genetic testing determines paternity if a man does not voluntarily acknowledge it.
Importance of Parentage
Parentage is crucial because conservatorship rights depend on being the legal parent. In Texas, you must file a parentage suit to determine paternity if there is no acknowledgment of paternity or the child is not born to a married couple.
Married Persons: Suing for Conservatorship of Your Child
If you are married, no prior orders exist regarding the conservatorship of your child. You and your spouse share equally in the rights and duties of raising your child.
To establish rights and duties legally, you must file a lawsuit, likely an Original Petition for Divorce. Occasionally, you may file a SAPCR if you want to stay married but seek orders for child support, possession, and/or access.
If you fear your spouse may take your child without permission, file a SAPCR. This alerts the court and seeks orders preventing travel without prior permission. This is especially relevant in international cities like Houston.
Unmarried Parents: Suing for Conservatorship of Your Child
If you are the father of a child born to unwed parents, you must prove paternity to gain parental rights. Refer to the earlier section of this blog for more details.
Sign an acknowledgment of paternity at the time of birth and file it with the Bureau of Vital Statistics in Austin. This gives you the legal rights and duties without needing a SAPCR or parentage suit in court.
If you are a mother seeking to establish a man as the father, file a Suit to Establish Parentage. In that suit, request child support and initiate the process of legally determining the father.
Drama and SAPCR: What if You’re a Man Who Has a Child with a Married Woman?
You may encounter a dramatic situation if you have a child with a woman who is married to someone else. The law presumes the mother’s husband to be the father of your child.
Her husband, not you, would have the rights and duties to the child that normally would go to you in most situations.
Acknowledging Paternity
First and foremost, you must acknowledge paternity and have that paperwork filed with the Bureau of Vital Statistics. If the mother and her husband have raised your child, you have until your child turns four years old to file a lawsuit objecting to the husband having conservatorship rights over your child. Genetic testing would be ordered to show the biological father of the child.
Earning Rights and Duties
If genetic testing proves you to be the biological father, you would earn the rights and duties for your child. At that stage, you would have the standing to sue for primary conservatorship or anything else related to your child.
Seeking Visitation and Establishing Contact
Your chances of success in such a case depend on the contact you have had with your child, which is likely little to none. In that case, it may be better to seek visitation, possession, and access rights so you can establish a relationship with your child.
In conclusion, conservatorship for grandparents plays a vital role in ensuring children’s well-being when parents are unable to provide proper care. As family dynamics evolve, understanding the legal aspects of custodial rights and conservatorship is essential for grandparents seeking to step in and protect their grandchildren. By exploring the legal options available, grandparents can navigate the complexities of family law in Texas and secure the necessary custody arrangements to provide a stable, loving environment for their grandchildren.
The Law Office of Bryan Fagan, PLLC.
As always, if you have questions about family law in Texas please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. A free-of-charge consultation where one of our licensed family law attorneys can answer your questions is only a phone call away.
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Other Articles you may be interested in:
- Assessing the legal rights of grandparents during a Texas divorce
- Grandparent Custody When a Parent is Addicted
- Grandparents’ Rights in Texas Child Custody Cases
- Preparing for a Temporary Orders Hearing in Texas, Part Seven
- What to expect in a Temporary Orders hearing in Texas
- Texas Family Law Courts: Beginning the Divorce Process
- Texas Family Law Courts: Divorce essentials
- Texas Family Law Courts: Mediation and Divorce Essentials
- Texas Family Law Courts: What to Expect
- Harris County, Texas Family Law Court – 245TH Judicial District Local Rules
- Parental Rights in Texas Termination: When It Becomes Necessary
- Harris County, Texas Family Law Court – 308TH Judicial District Local Rules
- Harris County, Texas Family Law Court – 257TH Judicial District Local Rules
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- Can A Father Sign His Rights Over In Texas?
