Legal Question in Family Law in Texas

Grandparent custody

My stepdaughter, age 14, wants to live with her paternal grandparents. (Same small hometown.) They take her to school everyday and pick her up everyday. She has had her own room there since the day she was born. Her mother will definately fight the request, but her father and his parents (the grandparents)support it 100%. What steps can her father and I (and the grandparents) take to help make this possible for her? Mother and father have joint custody, but she lives with her mother. There is much friction between mother and daughter at home and she is scared of what problems her mother will cause when she finds out that her daughter wishes to live elsewhere. What are some options and steps in these situations? This is something she has wanted for 3+ years now.


Asked on 3/02/05, 2:50 pm

1 Answer from Attorneys
Eliseo Rico III The Law Office of Rico & Associates

Re: Grandparent custody

Whether she can go live with grandma and grandpa, is ultimately a question of what is in the best interest of the child. While the court will take into consideration the child's desires, the controlling issue here is whether it can be demonstrated to the court that it is in the best interest of the child to go live with the grandparents. Additionally, grandparents rights are somewhat limited in the state of Texas. Going from mom to dad should not prove to difficult unless dad has some issues that would prove him to be unfit, but going from mom to the grandparents may prove more difficult.

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Answered on 3/02/05, 5:00 pm


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