The Law Favors Parents

by | Sep 4, 2012 | Law And Legal

Most grandparents have been there at one time or another: that moment when they do not believe that their own children are raising their grandchildren properly. In most cases, grandparents either refrain from saying anything at all to the parents and the situation blows over or soon resolves itself. In some circumstances, the grandparents voice their concerns, stirring up a good amount of conflict, but still the end result is that the parents continue to parent the children and the grandparents must simply accept that fact. However, when grandparents have an overarching concern that grandchildren are being put at risk, they may want to seek legal custody of the children in question. In such situations, grandparents will need the assistance of a custody lawyer from the Austin area who is well-versed in family law because the law maintains that parental custody is always in the child’s best interest, unless it can be proved otherwise.

Understandably, Texas law defaults to parents as being those with whom a child’s best interests lay. Consequently, for anyone other than a child’s parents to try to establish conservatorship or custody requires proof of standing. In other words, before the courts will even hear a grandparent’s request for custody, they have to be convinced that the grandparent’s have a legal right to pursue custody in the first place. Because the requirements for this are so stringent, it would be an almost impossible undertaking to establish such a right without the help of an attorney who is knowledgeable about custody laws and how they would apply to grandparents in the Austin area.

All of this is not to suggest that grandparents do not have certain rights or that it would be impossible for a grandparent to obtain custody of a grandchild. Obviously each case is different and needs to be evaluated on an individual basis. However, even in those cases where a grandparent can demonstrate the right to petition the court for custody, a lawyer in Austin who understands how to properly word legal requests and who has successfully navigated the family court systems will prove to be an invaluable aid when it comes to custody, conservatorship, and grandparental visitation issues.

If you are a grandparent and you believe that your grandchild needs to be in your custody and that you have a legal right to pursue the same, contact a lawyer in Austin as soon as possible. Your lawyer can review your case and advise you as to your legal rights and options. Get the help you need by contacting a lawyer today.

Custody Lawyer Austin – If you are not the biological parent of a child and you are trying to obtain custody, the legal requirements are extremely stringent. Lawyer James W. Evans has years of success in helping Austin residents obtain custody when it is warranted. With experience in handling family law cases both in and out of the courtroom, the Evans Family Law Group has the expertise in the areas of family law that will protect and help you. To discuss your case, visit us online at or call our office at 512.628.2550.

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