Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Experienced Legal Counsel When You Need It Most

How grandparents can protect the children they love

On Behalf of | Jan 10, 2022 | Grandparents' Rights

Statistics indicate that 2.6 million grandparents in the US are raising their grandchildren. This is largely due to the country’s drug crisis, which is robbing many children of the parental care they deserve. When children have to live with their grandparents, caring for the child can have a negative financial impact on the grandparent. There are very few resources available for grandparents who are guardians, and the prospect of raising children again can be daunting for grandparents. If you’re a Texas resident, here are some important things to know about the conservatorship of grandkids.

How grandparents can become guardians

Sometimes, conservatorship of grandkids can occur when the grandchild’s parents pass away. If the parents have appointed the grandparents as guardians in their will, the process of assuming guardianship can be simplified. However, a Texas court must still approve the guardianship and honor with the wishes of the parents. The court will make exceptions if the guardians the parents have chosen are unfit to raise the children. Guardianship in these situations usually remains in effect until the grandchild is an adult.

If only one parent dies, the court will often place the child with the surviving parent, even if the grandparents are named as guardians. The courts will reconsider this if the deceased parent was the child’s primary caretaker and the other parent had little to no contact with the child while the custodial parent was alive. In these cases, the courts may rule for the conservatorship of grandkids.

Other reasons for guardianship

Conservatorship of grandkids can also take place when the grandchild’s parents are still alive. This is done through a court order if it has been proven that the child’s parents are unfit to care for the child. As a grandchild, you may be named a temporary guardian until the parents are able to fulfill their parental obligations.