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Assuming conservatorship rights over your grandchild

On Behalf of | Mar 17, 2023 | Child Custody And Support, Family Law

In Texas, there is a hierarchy of preference when it comes to conservatorship. There is an initial presumption that the parents must have the rights and responsibility to care for and make decisions for their children. However, courts may consider other adults, such as the child’s grandparents, if they believe this would be the best option for the child and their welfare.

Grandparents have the burden of proof

Since there is an order of preference, grandparents must prove that there is a justifiable reason for seeking a conservatorship over their grandchild. Otherwise, the court will maintain the arrangement and allow the parents to keep legal control over the child. Grandparents must show evidence of the following for the court to consider their petition:

  • Harmful environment: If the current arrangement puts the child at risk, emotionally or physically, the court may grant the grandparents conservatorship.
  • Agreement of parents: The court may also allow grandparents to assume conservatorship over their grandchild if the parents or guardian agree that this arrangement would be the best option for the child.

If the court approves the petition and grants the grandparents conservatorship, they will assume complete legal control over the child and make major decisions for them.

Still depends on the child’s best interests

There is no guarantee that the court will allow a grandparent to assume legal responsibility for their grandchild. However, if the court finds that this arrangement is best for the child’s interests, then assuming conservatorship is possible. Knowing more about conservatorship in Texas may help you understand the process better.