Depending on the facts of the situation, you may be able to file as an intervenor in the divorce case between your son and his wife, to have your own requests for possession be addressed by the court. It is quite true that grandparents rights are limited, but the circumstances can affect whether you can get involved in the case to seek your own possession rights, and if so, what rights you will have. If you can intervene in the case, the court would make decisions based on the best interest of the child. The strength of you case would be affected by many factors, including the nature of the unsafe conditions, the amount of time you've had the child in your care, the strength and closeness of the relationship that you've established with her, the opinions, testimony and evidence provided by the parents. There are many factors to consider in whether you can move forward in a case such as this, and you would do well to discuss it in detail with an attorney who can assist you in determining your options. Good luck to you and your family.
All answers are provided for informational purposes only. Patricia Brown is licensed to practice law in the State of Texas and in no other state, and all answers provided by Patricia Brown on AVVO are based only on her knowledge of Texas law and not on the laws of any other jurisdiction. Furthermore, nothing contained in any answer on AVVO by Patricia Brown constitutes legal advice, and should not be construed as such. Finally, Patricia Brown responding to a posted question on AVVO is not intended to, nor does it, create an attorney client relationship.
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