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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