Legal Question in Family Law in Texas

Relinguishing Child custody over to grandparents

My son and his wife are going thru a divorce . My son is going to be doing up to 24 months in a rehab . My daughter inlaw is now in trouble with the law . They and their son who is 4 has been living with me for 3 yrs , up untill my daughter inlaw and my son decided to divorce. My son wants to sign over all his rights to his son over to me . I have asked the daughter inlaw to do it as well , but she refuses . I have been the one supporting the baby most his life . I want to know how to go about getting the papers for my son to sign . And will that paper need to be filed in court for it to be legal . Thank you for any help you can offer .


Asked on 4/17/02, 10:46 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Relinguishing Child custody over to grandparents

Your son can relinquish his parental rights to you as managing or possessory conservator of the child. That would grant to you his rights in the child which would come through the divorce. If the mother is in trouble with the law and at risk to be incarcerated, you could petition the court to be named the managing conservator in the divorce. Depending upon the mother's circumstances, it is not likely that her parental rights would be terminated. What you are asking for is a complex legal matter, and you should obtain an attorney.

Read more
Answered on 4/18/02, 9:26 am
Fran Brochstein Attorney & Mediator

Re: Relinguishing Child custody over to grandparents

It is the policy of the State of Texas not to "Bastarize" a child, even though the parents are not very good parents. I once had a judge tell me that "they could win the lottery tomorrow and then they would be ordered to support their children."

Since you've had the child so long, you have "standing" to get custody.

Please be advised that grandparents have very few rights after the Supreme Court decision a few years ago. However, if you've been raising this child for more than 6 months, you have grounds to get legal custody of this child.

If you live in the Houston area, please call me at 713-847-6000 for a free consultation over the phone. Be sure to let me know that you found me on lawguru.com

Best of luck!

Read more
Answered on 4/19/02, 3:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas