• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Deceased mother, con artist paternal family.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

FenrisWolf228

Junior Member
texas law - if a child loses his mother and his maternal grandmother gains custody of him, and successfully terminates the paternal rights, can the paternal family (ie aunts, sisters, paternal grandmother, etc) attempt to go and take custody away from the maternal grandmother?
 


Proserpina

Senior Member
texas law - if a child loses his mother and his maternal grandmother gains custody of him, and successfully terminates the paternal rights, can the paternal family (ie aunts, sisters, paternal grandmother, etc) attempt to go and take custody away from the maternal grandmother?
How did the father lose rights?
 

LdiJ

Senior Member
texas law - if a child loses his mother and his maternal grandmother gains custody of him, and successfully terminates the paternal rights, can the paternal family (ie aunts, sisters, paternal grandmother, etc) attempt to go and take custody away from the maternal grandmother?
The answer isn't a straight yes or no. Depending on the specific facts of the case they may have standing to attempt to take custody, but its unlikely that the odds would be in their favor if the maternal grandmother has actual custody.

Who are you in this scenario?
 

FenrisWolf228

Junior Member
The answer isn't a straight yes or no. Depending on the specific facts of the case they may have standing to attempt to take custody, but its unlikely that the odds would be in their favor if the maternal grandmother has actual custody.

Who are you in this scenario?
I am an older brother of the child. I have been the one financing the whole legal process since our mother died. Due to my job I'm not able to provide a stable home so I've been making sure he's safe with grandma. The fathers rights were voluntarily terminated after a year and a half of litigation and mediation. He signed them away to avoid paying child support. His family however attempted to get custody at the beginning of this because he was in prison. Our fear is that now since his rights are gone that they will return to try again. Is this possible?
 

LdiJ

Senior Member
I am an older brother of the child. I have been the one financing the whole legal process since our mother died. Due to my job I'm not able to provide a stable home so I've been making sure he's safe with grandma. The fathers rights were voluntarily terminated after a year and a half of litigation and mediation. He signed them away to avoid paying child support. His family however attempted to get custody at the beginning of this because he was in prison. Our fear is that now since his rights are gone that they will return to try again. Is this possible?
I know this may seem redundant, but are you sure that his parental rights are actually terminated? I mean, are you sure that he is no longer the father legally? Some people get confused between termination of parental rights and termination of custodial rights.

If the paternal family attempted to get custody in the past and failed in favor of the maternal grandmother, then the odds of them attempting it again are slim, and the odds of them prevailing, if they did try, would be virtually non-existent.

However, they could attempt to obtain visitation rights. How old is the child? Did/does the child have any actual relationship with the paternal family?
 

Proserpina

Senior Member
The only thing I'd add is that Texas will allow a parent to voluntarily TPR without a stepparent adoption (assuming the conditions are otherwise met) - I know you know that, but some won't know that little oddity.

I agree though, that it's probably not the TPR but the custodial rights which were term'd.
 

FenrisWolf228

Junior Member
The only thing I'd add is that Texas will allow a parent to voluntarily TPR without a stepparent adoption (assuming the conditions are otherwise met) - I know you know that, but some won't know that little oddity.

I agree though, that it's probably not the TPR but the custodial rights which were term'd.
No, these were the actual parental rights. Not just custodial rights.
 

stealth2

Under the Radar Member
How old is your brother, how long has the current arrangement been in place, etc.? A timeline would be helpful.
 

single317dad

Senior Member
From what I've found so far, in Texas a TPR severs all family connection with that parent's family. Therefore, the grandparents and aunts would no longer be grandparents and aunts, legally. They'd have the same standing to sue as the guy down the street. I've read that family has 30 days after the TPR order to challenge it or petition for custody or visitation rights.

However, I'm not having a lot of luck finding statutes or case law to back those statements up, and it's entirely possible that your grandmother's particular court order specifically names people whose family relationship is or is not severed by the TPR. Exact wording of the document would be required to determine that. A further search of Texas TPR law and cases would reveal the state's stand on the issue.
 

I'mTheFather

Senior Member
From what I've found so far, in Texas a TPR severs all family connection with that parent's family. Therefore, the grandparents and aunts would no longer be grandparents and aunts, legally. They'd have the same standing to sue as the guy down the street. I've read that family has 30 days after the TPR order to challenge it or petition for custody or visitation rights.

However, I'm not having a lot of luck finding statutes or case law to back those statements up, and it's entirely possible that your grandmother's particular court order specifically names people whose family relationship is or is not severed by the TPR. Exact wording of the document would be required to determine that. A further search of Texas TPR law and cases would reveal the state's stand on the issue.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm
Sec. 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If the court finds by clear and convincing evidence grounds for termination of the parent-child relationship, it shall render an order terminating the parent-child relationship.
(b) Except as provided by Section 161.2061, an order terminating the parent-child relationship divests the parent and the child of all legal rights and duties with respect to each other, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.
(c) Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable access under Chapter 153.
(d) An order rendered under this section must include a finding that:
(1) a request for identification of a court of continuing, exclusive jurisdiction has been made as required by Section 155.101; and
(2) all parties entitled to notice, including the Title IV-D agency, have been notified.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. A biological or adoptive grandparent may not request possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild has:
(A) died;
(B) had the person's parental rights terminated; or
(C) executed an affidavit of waiver of interest in child or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates an authorized agency, licensed child-placing agency, or person other than the child's stepparent as the managing conservator of the child; and
(2) the grandchild has been adopted, or is the subject of a pending suit for adoption, by a person other than the child's stepparent.
If your grandmother adopts, it seems that would sever any legal bond to the father's family.
 

LdiJ

Senior Member
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm


http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm


If your grandmother adopts, it seems that would sever any legal bond to the father's family.
Yes, if parental rights were definitely terminated, and there was no adoption, then the paternal grandparents would still have standing to sue for visitation/access. Standing however does not mean that they would automatically be awarded visitation/access.

However, if an adoption takes place that is not a stepparent adoption, then they would not even have standing to sue for visitation. However if they sue and win visitation and later on an adoption takes place, then its a bit murkier. There is case law out there that has gone both ways.

However, since it appears that parental rights were truly terminated, they would have no standing to sue for custody.
 

single317dad

Senior Member
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm
Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. A biological or adoptive grandparent may not request possession of or access to a grandchild if:
(1) each of the biological parents of the grandchild has:
(A) died;
(B) had the person's parental rights terminated;
That's the one I was looking for.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top