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Grandparent Rights


Grandparent Rights

Most people think that it's only the parents who can fight for possession and access to a child. Sometimes a child needs someone to step in where the mom or dad haven't been. Whether the mother of father have passed away, left the picture, are in jail or just can't care for the child, a grandparent in often the best choice to step in to care for the child.

Grandparent rights are harder to fight for than parental rights. Fortunately, our firm knows how to present a grandparent rights case to the Judge. The biggest burden to prove in a grandparent rights case is standing

A relative has standing to file a Suit Affecting the Parent-Child Relationship (SAPCR) requesting managing conservatorship - not possessory conservatorship - if he or she has had actual care, control and possession of the child for at least six months ending not more than ninety days before the original petition is filed. In computing the six months required, also known as the general rule, the court cannot require that it be continuous and uninterrupted, but must consider the principal residence of the child during the relevant time preceding the date of commencement of the suit. A "principal residence" is (1) a fixed place of abode; (2) occupied consistently (not exclusively) over a substantial period of time; (3) that is permanent rather than temporary.

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