What are the rights of related persons to sue for custody or possession of a child?
Recently, the Texas Family Code was amended to expand the class of persons who could obtain custody (conservatorship) of a child. The right to seek custody of a child has been extended to a specific class of adults related to the child within the third degree of consanguinity. “Third degree of consanguinity” means a child’s parents, brothers and sisters, grandparents, and great-grandparents, aunts and uncles by blood. Gary Kollmeier has the experience to help related persons and grandparents keep or establish bonds with their grandchildren. In addition, Texas law now also provides certain persons within the third degree of consanguinity (in termination cases great-grandparents are excepted) to seek custody of a child when the Texas Department of Family and Protective Services (Child Protective Services) has obtained the judicial termination of the child’s parent’s rights, provided that suit is filed within ninety days from the date of the termination.
