Grandparents Seeking Custody

In the Interest of M.J.G. and J.J.J.G., Minor Children was a case out of Fort Worth where the mom filed for divorce from the dad in June 2006. The court appointed the parties temporary joint managing conservators and gave dad visitation rights. The maternal grandparents filed a petition in intervention seeking child custody in October 2006 and sought temporary orders.

The grandparent’s intervention was based on the grandparent’s claim that the mom and dad had relinquished custody to them for the requisite 90 days before the suit was filed. A temporary order hearing was held in November.

After the hearing, the court ordered a social study, set a hearing 10 days out and gave the grandparents the right to establish the kids domicile until the next hearing.

After the parents divorced a month later, and the court named the dad the primary parent. However, the court of appeals held that the grandparents did not establish their standing to file an original suit because there had been no voluntary relinquishment to the grandparents. Plus, the grandparents did not meet their burden to intervene because the evidence did not establish a finding that the kid’s present surroundings and circumstances could significantly impair their welfare.

This further demonstrates that in child custody battles, the court’s primary interest is almost always what is in the best interest of the child.