Father seeks custody & to amend order of support; Mother in Jail. Drug & Alcohol issues. Grandparent blocking us in court.

Asked almost 5 years ago - Dallas, TX

An unmarried couple has twins born 10/2008. There is an order of support 5/09 w/o visitation. Father is paying, working, sober, responsible. Mother went to jail 9/9 for probation violations. Father filed 10/5 to amend order of support and to get custody of the two girls, age 1. The 79 yr old maternal Great Grandmother has filed to INTERVENE and wants to be the Sole Managing Conservator with both parents as Possessory Conservators and paying her (MGGM) support.

We need a referral for an **affordable family attorney ** with a history of favor to father's rights. CPS is involved and is neutral, but supportive of father's efforts at this time.

Father is living w/his parents who are supportive of his efforts as well, but not rich. We can use a break here, please!!

Attorney answers (1)

  1. Nathan Templeton Anderson

    Contributor Level 10

    Answered . My firm has handled and defended suits for grandparent access and possession to a child. In order for a grandparent to be appointed a conservator of a child and be appointed access and possession to the child, the grandparent is required to show: (1) that at least one of the child's biological parents has not had that parent's parental rights terminated; (2) the child's physical health or emotional well-being would be significantly impaired if the grandparent's possession were denied; (3) the grandparent is the parent of the child's parent; and (4) at least one of the following is true about the grandparent's son or daughter who is the child's parent: (a) the child's parent has been incarcerated for at least three months before the petition was filed; (b) the child's parent has been declared judicially incompetent; (c) the child's parent is dead; or (d) the child's parent does not have actual or court ordered possession of or access to the child.

    Based on the limited facts you stated, there appears to be a valid challenge to the maternal grandmother seeking appointment as the twins' sole managing conservator. Please don't hesitate to contact my firm if you'd like to schedule an in office consultation.

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