Grandparent and Relative Custody in Texas: Who Can File

Can a grandparent file for custody in Dallas?

Yes, if the grandparent has standing. In Dallas County the case is filed in the family district courts, or in the court that already has continuing jurisdiction over the child.

A grandparent has standing to seek managing conservatorship if the child's present circumstances would significantly impair the child's physical health or emotional development, or if the parents filed or consented to the suit (Texas Family Code § 102.004). A grandparent who has cared for the child for six months has standing on that basis too.

Without standing, the court must dismiss the case before it ever reaches the question of what is best for the child. That is why the first conversation with a lawyer is about which route applies to you and what proof supports it.

Can I request custody of a grandchild I've been raising?

Yes. A person, other than a foster parent, who has had actual care, control and possession of the child for at least six months ending no more than 90 days before filing has standing (§ 102.003).

The six months do not have to be continuous. The court looks at where the child's principal residence was during that time. If you have cared for your grandchild for several years, you very likely have standing, and your years of care are strong evidence of what the child needs. Timing matters, though: this standing is lost once more than 90 days have passed since the qualifying period ended, for example after the child returns to a parent.

Can grandparents get custody if both parents are unfit?

Yes. Texas presumes a parent should be named managing conservator, but that presumption is overcome when appointing the parent would significantly impair the child's physical health or emotional development (§ 153.131).

Evidence of neglect, abuse, drug or alcohol abuse, or abandonment is what usually overcomes it. The court can then name a grandparent managing conservator and give the parents limited or supervised time. More on how courts decide is on the child custody page.

What is the difference between guardianship and custody for a grandchild?

Custody, called conservatorship in Texas, is decided under the Family Code. Guardianship is a probate proceeding under the Texas Estates Code. While a parent is alive, a grandparent who needs legal authority for a child usually seeks conservatorship.

A grandmother can be named managing conservator without adopting the child. The parents keep their parental status, and the order can give them possession or access. Adoption ends the parents' rights; conservatorship does not.

Can an aunt or uncle request custody in Texas?

Yes. Aunts and uncles are relatives within the third degree, so they have the same § 102.004 route as grandparents: they can file when the child's present circumstances would significantly impair the child, or when the parents consent. They can also qualify through six months of actual care, and they have standing if both parents have died (§ 102.003).

The third degree reaches grandparents, great-grandparents, aunts, uncles, nieces, nephews and siblings. Cousins are further removed, so a cousin who wants custody usually needs the six-month care route or the parents' consent.

Can a non-biological parent get custody of a child?

Sometimes. A person who raised a partner's child without marriage, or a stepparent after divorce, can have standing through six months of actual care, control and possession ending no more than 90 days before filing.

A person who lived with the child and the child's parent for six months also has standing if that parent has died. Standing is the first hurdle. The second is the presumption in favor of the legal parent, which the court applies when it decides custody. Texas has no separate stepparent visitation statute.

For a partner who was never married to the child's parent, the facts that matter are the same ones that matter for a grandparent: who did the daily caregiving, for how long, where the child lived, and how the child would be affected by losing that relationship. Records and outside witnesses help more than the adults' own accounts.

Can I seek temporary custody of a grandchild in an emergency?

Yes. A grandparent with standing can ask the court for temporary orders, and in an emergency the court can act quickly on sworn facts showing the child is in danger.

If a child is in immediate danger, call 911. If you believe a child is being abused or neglected and the parents refuse help, report it to the Texas Department of Family and Protective Services through the Texas Abuse Hotline, 1-800-252-5400. A report and a court filing can go forward at the same time.

Can a grandparent receive child support while raising a grandchild?

Yes. When a court names a grandparent managing conservator, it can order either or both parents to pay child support under the Texas guidelines. The OAG child support division can help establish and collect it. See child support.

Support can be part of the same case that names the grandparent conservator, so a second filing is not needed. The amount depends on the parents' net resources and the number of children, under the same guidelines that apply between parents. Medical support for the child is usually ordered too.