Can a grandparent ask for custody of their grandchild?
Yes, a grandparent may request custody of a grandchild if they have had actual care, control, and possession of the child for not less than six months preceding the filing of their petition for custody (a suit affecting parent-child relationship); or if it can be shown that custody is necessary because the child’s present environment presents a serious question concerning the child’s physical health or welfare; or the parents, surviving parent, or the managing conservator files the petition or consents to the grandparents having custody. Again, as in the case of parents who seek custody, the Court will start with the “best interest of the child” test.