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Barbara L. Jouette, Attorney, P.C.
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Can grandparents have conservatorship rights?

Divorce settlements may cause arguments between couples and family members. This may result in one parent not allowing their children to see their grandparents. But it's a well-established fact that grandparents play an important role in their grandchild's life. Unfortunately, a grandparent's rights are dependent on the custody agreement and visitation privileges placed by the court and the ex-spouses.


According to the General Texas Attorney, a grandparent can have sole custody of their grandchild if the grandchild has been living with the grandparent for a total of six months. If the court finds the parents abused or neglected the child, the court can terminate the custody agreement. The grandparent can also be given sole custody if one of the parents was incarcerated or has passed away.

If you are already having issues with your daughter-in-law or son-in-law regarding visitation, you may want to file an intervene lawsuit against them and provide detailed reports of their neglect and abuse if they abused your grandchild.

The court will also determine whether the child is in any immediate danger living with his or her parents. The court will examine the home and see if the child's living conditions are conducive to a healthy environment. They will decide whether the grandparents are capable of raising the child and can provide for the future of the child. In Texas, the judge will always keep in mind the best interest of the child. The court will observe the child's behavior with their guardians and grandparents. Using this information will help the court decide which guardian or grandparent they should live with.

If you are struggling to get your grandchild back and know they are in danger, it is advisable to consider hiring an experienced attorney who is skilled in family law cases to represent you in a court of law.


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