How Do I Make a Grandparent Conservator of My Child in Texas?

Full question:

Do I have to get an attorney to keep the courts from taking my son whom I got when the mom let someone adopt him at birth. I hired an attorney to find him, went through the courts--had his name changed to mine w/Jr. In the meantime, his birth mother relinguished her rights & didn't appear in court. For the past 14 years I & my mom have taken care of this child. My mom has continued to take care of him even several yrs. ago when I was in the Navy for 3 yrs; even when I went out of the the country on several occasions which were job related. I had another child with this same woman, however, she kept that child which is a girl. I've paid child support to her continuously to this date. My daughter ran away from home for abuse suffered by her mom & now the courts have awarded me custody because her mom was found to be an unfit parent by the courts. However, since she has either stayed with her mother or maternal grandmother for the past 13 years, I let her stay w/her maternal grandmother and CPS made her relative conservator. When in court last, the Judge, CPS adlatum & maternal grandmother was speaking of terminating my rights to my daughter. I was told by one of the social workers for CPS that if this should occur, I would lose the rights to my son also. Do I need to do a Power of Attorney; authorization agreement for nonparent relative w/broad Authority by Both Parents; Authorization Agreement for nonParent Relative or should I make my mother his legal guardian. He has always lived with my mother, thus, would this hold up in the Texas Family Courts?

• Category: Paternity
• Subcategory: Termination of Parental Rights
• Date: 04/07/2025
• State: Texas

Answer:

Generally, the fact that a grandparent has had custody is a factor that may be considered by the court. The overall determining factor for the court is the child's best interests. We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all the facts and documents involved.

A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted an a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.

Please see the following TX statutes:

§ 153.373 FAM. Voluntary Surrender of Possession Rebuts Parental
Presumption

The presumption that a parent should be appointed or retained as
managing conservator of the child is rebutted if the court finds that:

(1) the parent has voluntarily relinquished actual care, control, and
possession of the child to a nonparent, licensed child-placing agency, or
authorized agency for a period of one year or more, a portion of which
was within 90 days preceding the date of intervention in or filing of the
suit; and

(2) the appointment of the nonparent or agency as managing
conservator is in the best interest of the child.

§ 153.256 FAM. Factors for Court to Consider

In ordering the terms of possession of a child under an order other
than a standard possession order, the court shall be guided by the
guidelines established by the standard possession order and may
consider:

(1) the age, developmental status, circumstances, needs, and
best interest of the child;

(2) the circumstances of the managing conservator and of the
parent named as a possessory conservator; and

(3) any other relevant factor.