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 KoonsFuller PC

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.

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

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