does grandparents have rights after caring for gandchild 6 1/2 years child will be 7yrs. in March 2018

Asked on Jan 28th, 2019 on Family Law - Texas
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I have care for my granddaughter for most her life and visited mom during holidays, I have not communicated with child in 2mos.
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Answered on Jan 30th, 2019 at 12:09 PM
You are able to request the court to award you custody or a possession schedule of your grandchild.  If there are court orders regarding the child already, then you would need to start in that same court by filing your suit to modify those orders.  You should not delay in bringing the suit because if you want to have an advantage over a parent in a custody suit in a situation where that parent had voluntarily given up actual care, control and possession of the child to you, you should bring suit so that a portion of the time you were caring for your grandchild is within the 90-day period prior to filing the suit for custody.  That does not mean that you may not bring a suit if it has been more than 90 days, it just means that you do not have that particular advantage over the parent.  You may also bring suit to modify a current order regarding your grandchild or bring suit to establish custody of your grandchild if the child's physical health or emotional development is impaired in his or her current circumstances. If you are wanting a possession schedule so that you are able to see the child, then you must prove that the child not having contact with you will have a significant negative impact on the child.  

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Answered on Jan 28th, 2019 at 8:58 PM
Yes, if the child lived with you, you may have standing to file for custody of the child. The specific facts of your case would help determine whether you should file for custody or just access and possession of the child.

--- The Overstreet Law Firm 2100 N. Main, Suite 228 Fort Worth, TX 76164 Phone: 817-810-9747 Email: [email protected]

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