Can a grandparent be awarded custody if there are concerns about the health and safety of their grandchild?
Yes, in Texas a grandparent can be awarded custody if there are concerns about the health and safety of their grandchild. Under Texas law, a grandparent can petition the court to be awarded custody of the grandchild if it is in the best interest of the child. This means that the court must generally find that the grandparent is better able to provide a safe and stable home, with the best chance of emotional and physical well-being for the grandchild. When making this determination, the court will look at factors such as the child’s relationship with both the grandparent and the parent, the grandparent’s ability to provide for the child’s physical and emotional needs, the circumstances of the grandparent’s home, and any history of abuse or neglect. Additionally, if the parent does not have custody or visitation rights, the court will look at the parent’s fitness to parent as well as the child’s preference. In order to petition the court for custody, the grandparent must also serve the parents of the child with notice of the hearing. This means that the grandparent must prove to the court that they made a good-faith attempt to inform the parents of the court date. If the court finds that the grandparent has met all of these requirements, then they will be awarded custody.
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