Legal Question in Family Law in Texas

My wife and I have rise our grandson since the mother handle him to us in the hospital right after birth. For the last 4 years and 8 months we rise and took care of him.Now since my son got kill last year. She has made a move to take him back. I would love for her to rise her child. But she don't have her on place. She work as a erotic dancer. and do ofter things that's illegal. But I do believe she love her son and she's a good mother. I just wish she had her on place and live in a safe environment She's totally not stable. I want to know seriously what is our rights ?. This is in the state of Texas, Houston.


Asked on 8/01/18, 11:07 am

1 Answer from Attorneys

Thomas Daley Power Daley PLLC

Under section 102.009(a)(9) of the Texas Family Code, you have the right to file an original petition in a suit affecting the parent-child relationship and ask that the judge appoint you as the child's sole managing conservator or a joint managing conservator of the child. In an original suit, there is a presumption that it is in the child's best interest for the child to be placed with a parent, but that's only a presumption. If you can prove that the child would be better off living with you, the judge has the authority to order that the child live primarily with you.

Read more
Answered on 8/15/18, 4:59 pm


Related Questions & Answers

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