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Grandparents custody rights ?

Houston, TX |

Our grandson has lived with us since he was born and is now 3 yrs. Our daughter took him from us over a disagreement and now refuses to give him back. What are our rights as grandparents to gaining custody of him? We feel that he may be in danger, do to the fact that her girlfriend has admitted that she is schizophrenic and bipolar. She is not seeking any help and also admits she does drugs. Also we feel that she is putting them in danger due to FB and Instagram post. What can we do?

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Attorney answers 2


You can file to get custody of your grandson. There are strict time constraints on how long you can do this after you've had custody of him, so you should do so quickly.

Although grandparents can get custody, it is difficult and complex, and I strong suggest that you retain the best lawyer your budget allows.

I would think that your lawyer could get an emergency order granting you custody within a few days of being hired. Here is a link with some more information:

This information is not legal advice and does not form an attorney-client relationship.


if you have had care, control and possession of the child for at least six months ending not more than 90 days preceding the date of the filing of the petition you have standing to file a suit to be appointed as the managing conservator of the child. Texas Family Code Section 102.03 (a) (9). In addition, a grandparent can file an original suit requesting managing conservatorship if there is satisfactory proof to the court that the order requested is necessary because the child's present circumstances would significantly impair the child's physical health or emotional development. Texas Family Code section 102.004.

Where is the father of the child??? Any reason he should not be the managing conservator of the child???

Go see a good family law attorney....

DISCLAIMER: This posting is not intended as legal advice and does not create an attorney-client relationship. This posting is for GENERAL informational purposes only and may or may not apply to your circumstances. For specific advice related to you, please consult with an attorney.

Andrea Sheinbein

Andrea Sheinbein


Correction, the correct citation is Texas Family Code section 102.003 (a) (9).

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