Grandparents Child Custody Rights}

Submitted by: Sarah Whitaker

Grandparents and other relatives often seek custody of a child. What rights do these other relatives have with respect to the children? Houston Family Law Attorney, Cindy Diggs, says it depends on who they are up against, and it also depends on the circumstances.

The United States Supreme Court has upheld the fundamental rights of the parents to raise their children and has ruled that a fit parent is presumed to act in the best interest of the child. To win a custody battle against the parents, the relative has to prove that the parents are unfit. Only then may a court constitutionally grant custody to a relative in a disputed case.

In a typical custody case between two parents, the court will normally make its decision based on what is in the best interest of the child. But that is not the case in a custody dispute between the parent and another relative. When another relative or grandparent challenges custody against a parent, it is often an uphill battle.

Of course parents, for many reasons, sometimes enter into custody agreements with the childrens grandparents or other relatives. And a court will honor an agreement of that type. But once an initial custody order is in place for the child, the rules may change for subsequent custody modifications

When custody shifts to the other relative, when the children are placed with the grandparents, for example, it may be more difficult in future years for the parent to return to court to attempt to regain custody.

Cindy Diggs is the attorney-in-charge of the Houston office of Holmes, Diggs & Eames. She has practiced law for over 25 years, and is Board Certified in Family Law and Civil Trial Law by the Texas Board of Legal Specialization. http://www.houstondivorceoffice.com (713) 802-1777. Cindy has spent her entire legal career in Houston and the surrounding areas, and is a specialist in all types of family law and divorce cases. She has first-chair trial experience, including jury trials, and has successfully handled cases through the appellate process. Cindy is a member of the Family Law Sections of the State Bar of Texas and the Houston Bar Association as well as the Gulf Coast Family Law Specialists. She is also a member of the Texas Association of Civil Trial and Appellate Specialists. Cindy served on the Pattern Jury Charge Committee, Family Law, State Bar of Texas from 2001 to 2002.

Cindy earned her juris doctorate in 1984 from The University of Texas School of Law, where she was an Associate Editor of The Texas Law Review and a member of the Order of the Barristers. She represented The University of Texas School of Law as a member of its National Moot Court Team and National Mock Trial Team. Cindy Diggs is a founding member and serves on the Advisory Board of the Houston Urban Debate League.

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About the Author: Cindy Diggs is the attorney-in-charge of the Houston office of Holmes, Diggs & Eames. She has practiced law for over 25 years, and is Board Certified in Family Law and Civil Trial Law by the Texas Board of Legal Specialization.

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(713) 802-1777

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