Texas grandparents who are fighting to gain custody of their grandchildren may be interested in a case in another state that involves a family who is denied access to their grandchildren. The family blames their dilemma on the alleged mishandling of the case by the Department of Child Care Services. There is a definite move nationwide toward putting children in the care of family members rather than foster parents, this couple is fighting for grandparents' rights.
The National Center on Adoption and Permanency reports that more and more children are put in the care of family members rather that foster parents. Reportedly, this trend is nationwide and includes Texas. In many of these cases, children are taken in by their grandparents because the parents develop dependencies on drugs or alcohol. However, without establishing legal custody of the children, they will have no grandparents' rights.
We have written before about the fact that, contrary to what might be convention, grandparents can't assume that their right to access to their grandchildren is a given. This is true in Texas and every other state of the union. This may come as a surprise, especially to those in the baby boom generation or the older one -- what has come to be called the greatest generation.
Regular readers of this blog will recall that blood links to a child don't necessarily mean that grandparents will get custody of that child if both parents should happen to die. We wrote about this not long ago.
In the traditional view of the nuclear family, it might seem to be perfectly logical to assume that if a child loses both of his or her parents that one or the other set of grandparents will automatically be granted guardianship of the orphan. It just seems to make sense.
Due to many different sets of circumstances, some children land in the care of their grandparents. Regardless of whether it is an amicable arrangement between the parents and grandparents or a situation in which children need protection from circumstances in their parents' homes, many uncertainties typically exist when it comes to grandparents' rights in Texas. It is a complicated area of the law, and it may be best dealt with by an experienced family law attorney.
Sometimes, grandparents in Texas may decide that they want custody of their grandchildren. This is not always easy to do, but it can be done. It's very important for grandparents to know what factors play into the decision. This way, they can see exactly what has to be shown for them to be granted the custody they seek over an immediate parent. Some things considered include: