Grandparents' Rights Extended to Other Family Members
In Texas, there have been three ways for a grandparent to seek custody or visitation with a grandchild. Grandparents could file an original petition for custody, they could intervene in a pending lawsuit, or they could sue to request visitation. Under Texas' unusual terminology (managing conservatorship, possessory conservatorship and possession of or access to a child), the rights conferred by each procedure differ. For background, see Grandparents' Rights in Texas and Grandparent Access in Texas.
In its 2007 session, the Texas legislature expanded the class of persons who could obtain custody of a child. Under Texas Family Code section 102.004(a), the right to seek custody of a child has been extended to adults related to the child "within the third degree of consanguinity." Also, Texas Family Code section 102.006(c) now permits most of these persons to seek custody of a child when the Texas Department of Family and Protective Services has terminated the parental rights of the child's parents, provided suit is filed within ninety days of termination.
What does "consanguinity" mean, and which relatives are within the third degree of consanguinity? The anti-nepotism provisions of the Texas Government Code answer these questions. "Consanguinity" means related by blood. In addition to a child's parents, relatives within the third degree of consanguinity are a child's brother, sister, grandparent, great-grandparent, and aunts and uncles by blood rather than by marriage. The only group of these relatives that cannot seek custody of a child after termination is great-grandparents.
These changes are welcome. The previous law ruled out responsible, caring relatives who could have stepped in to rescue a child from a poor environment. Further, termination (at least by TDFPS) does not preclude a relative from seeking custody of a child.
Texas Family Code section 102.004(a) applies to suits filed on or after September 1, 2007; Texas Family Code section 102.006(a) became effective June 15, 2007.
