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Can someone other than parents have child custody?

Post by Christopher Migliaccio

Child custody rights may be given to someone other than the parents in some cases. In Texas, it is always preferable that a parent has legal or physical custody, but there may be exceptions. If this may be applicable to your case, discuss the issue and laws pertaining to your case in Richardson with your family lawyer.

A Look at Child Custody Laws in Texas 

The courts make a determination as to child custody rights if an agreement cannot be reached. While most cases will involve the parents, there are times in which another relative may be given custody.

Grandparents may request custody or visitation rights, for example. According to child custody laws in Texas, grandparents could be given visitation rights if: 

  • grandparent(s) has had physical custody of child for at least six months;
  • parents are divorced;
  • parent/child relationship has been terminated by the court;
  • child has been neglected and/or abused by parent; and/or
  • parent is unfit, incarcerated or has died.

The Texas Attorney General notes, “If your grandchild lives with you, you may wish to seek custody.” If you are granted custody, you may also receive child support from the child’s parents.

Sometimes a non-relative can be considered to hold custody. They are considered to be a “person acting as a parent.” This applies when the individual has had or has physical custody for six consecutive months and legal custody has been court-ordered or claims custody rights under state law.

In the end, the child’s best interests will be considered whenever determining custody of a child. 

Seeking Custody Help in Richardson with a Family Lawyer  

Family law can be very complicated. Many benefit in discussing their case with a family lawyer. Contact Warren & Migliaccio, L.L.P. at 888-584-9614 to schedule a consultation. An attorney can review the child custody rights of all parties involved and can help build your case.

FAQ Category: Child Custody

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If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form or call either our Richardson or Dallas location to schedule a free consultation. We’re happy to meet at your convenience. Contact our firm today for legal counsel from experienced attorneys.

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