In yesterday’s blog post by the Law Office of Bryan Fagan, PLLC, we delved into the significant role grandparents hold in a child’s life. Chances are, if you read that post, you’re a grandparent yourself. Let me kick off today’s discussion by emphasizing that actively engaging and assuming a managing conservatorship role in your grandchild’s life offers invaluable benefits, perhaps more than you realize. The dynamics your grandchild experiences within the family are often more intense than what you witness as a grandparent.
This is the reality you face with your grandchild and your family. However, there’s another layer of concern when it comes to translating your motivation and love for your grandchild into a successful legal case. The truth is, grandparents have limited rights, especially if the child’s parents oppose their involvement. If you encounter resistance from your child or their spouse, you can’t simply intervene on your own and rely on the law for assistance.
Instead, you must assert your rights as a close family member of your grandchild to protect them from harm. Other family members, such as uncles, aunts, and adult siblings, also have the right to intervene in a family law case or file their own. Today’s blog post will focus on grandparents and other extended family members seeking managing conservatorship of a child in a challenging situation.
Actual, recent care of the child is essential
Under the Texas Family Code, as an extended family member seeking to file a managing conservatorship lawsuit, you must demonstrate that you have provided actual care, control, and possession of the grandchild for at least six months, ending not more than 90 days before filing the petition. This requirement presents a significant burden that you must meet to initiate a family law case or intervene in an existing conservatorship case.
Situations like these commonly arise when a parent faces circumstances that demand their immediate attention. In such cases, they may entrust their child to you or another relative for care. While most parents prioritize their child above all else, certain situations compel them to temporarily leave their child with a family member, sometimes for extended periods.
These extended periods can sometimes result in an indefinite situation where your grandchild, niece, or nephew’s parents fail to return to collect them. Now, you find yourself desiring what’s best for the child, yet you lack any legal rights to them. Consider if your child fell ill or required medical attention; without conservatorship, you lack the authority to make decisions on their behalf.
Similarly, you lack the authority to make decisions regarding your child’s schooling. Even if you’re driving across town to take them to school, you’ve likely considered how much simpler it would be to enroll them in a school closer to your home. However, without a court order establishing conservatorship rights for the child, you’re unable to do so.
Indeed, it’s evident that during this time, not only the “big picture” concerns weigh heavily on you and other family members, but also the “small picture” issues that you encounter on a day-to-day basis.
What if you are only seeking a possessory conservatorship role with the child
The topics we’ve been exploring over the past few days revolve around the desire of grandparents or other family members to assume the role of primary caretaker or take a managing conservatorship role for a grandchild in need. This entails welcoming the child into your home and providing daily care and support.
If assuming the role of primary conservator for a child feels like too much, another option is to seek to be appointed as a possessory conservator. This arrangement allows you to make decisions for the child while not necessarily living with them on a daily basis. If this scenario resonates with you, it’s important to pay close attention to the following paragraphs.
Under Texas family law, you cannot initiate an original lawsuit seeking to be named a possessory conservator. However, you can seek to intervene in a previously filed lawsuit if you can demonstrate substantial past contact with the child in question. In summary, if you’re an extended family member of a child facing challenges due to their parent(s) actions, you cannot file an initial lawsuit to be named a possessory conservator of the child.
When attempting to intervene in a conservatorship proceeding, the court will closely examine the nature of your lawsuit and your level of contact with the child in question. For example, even if you’re a well-meaning family member, it won’t be viewed favorably if you haven’t seen the child in months or haven’t been involved in their day-to-day upbringing. This doesn’t imply a lack of care or love for the child on your part. However, it underscores the high standard you must meet to intervene in an established conservatorship case in Texas.
What does the Supreme Court have to say about grandparent access to a child?
It’s worth noting that in recent years, the United States Supreme Court made a significant decision that affects family law cases concerning grandparent rights and access. While the Supreme Court rarely delves into family law matters, a case known as Troxel v. Granville resulted in a ruling favoring parents over grandparents.
Exactly. The Court’s decision in Troxel v. Granville affirmed that parents hold a fundamental right to make decisions for their child, unless deemed unfit by a court. As a result, parents typically receive considerable freedom in making decisions that prioritize their child’s best interests. This aspect is pertinent to our conversation because if your child’s parents restrict your contact with your grandchild, it may not necessarily constitute a violation of the law.
Courts often hesitate to grant grandparents managing conservatorship rights in many cases involving their grandchild’s custody, opting instead to grant visitation time while withholding full conservatorship. This caution arises from the risk of their decision being overturned on appeal. Therefore, having an established and experienced family law attorney on your side is crucial. They can advise you on your options and navigate the legal process of assisting your grandchild. Professional support is invaluable in advocating for your rights and the well-being of your grandchild within the complexities of the legal system.
Questions on your rights as a Texas grandparent? Contact the Law Office of Bryan Fagan
If you have any questions about the subject matter that we have covered today and yesterday then please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations with one our licensed family law attorneys six days a week. Our office takes a great deal of pride in representing people in our community just like you and look forward to getting the opportunity to listen to your situation in order to help you and your family.
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Other Articles you may be interested in regarding Custody
- Child Custody Basics for Texas Parents Revisited
- When Can a Minor Child Weigh in on Custody Decisions in Texas?
- Texas Child Custody Modifications
- Amicus Attorneys in Child Custody Disputes in Texas?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Teens with Children, Child Custody and Child Support in Texas
- Child Custody and Divorce in Spring, TX
- Custody and Visitation Rights of Grandparents in Texas
- 11 Things You Must Know About Texas Child Custody
- 12 Texas Custody & Conservatorship Battle Tips
FAQs
What is parental alienation, and how can it be recognized?
Parental alienation occurs when one parent manipulates or influences a child to distance themselves from the other parent. Signs of parental alienation include negative comments, false accusations, limiting contact, emotional manipulation, and a lack of empathy toward the alienated parent.
Why do parents engage in parental alienation?
Parental alienation can occur due to high-conflict divorces, parental anger or resentment, a desire for sole custody, influence from family or friends, lack of coping skills, personality disorders, fear of losing control, past conflicts, or a desire for retribution, among other reasons.
Do grandparents have rights in child custody cases?
Grandparents’ rights in child custody cases vary by state and circumstance. In some cases, grandparents may assert their rights if there are exceptional circumstances, a history of involvement, or if it’s in the child’s best interests. Courts prioritize the best interests of the child when considering grandparents’ rights.
How can grandparents seek custody or visitation rights?
Grandparents can seek custody or visitation rights by consulting with an attorney who specializes in family law. Legal representation can help navigate the legal process, especially when dealing with complex custody cases.
What should grandparents do if parents object to their involvement?
If parents object to grandparents’ involvement, it can complicate the case. In such situations, courts will weigh the best interests of the child against the parents’ objections, and mediation or negotiation may be explored as alternative solutions.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
