Texas Child Custody Rights

Interstate Custody Laws

• When a parent who shares custody of his child wants to move out of Texas, the court decides whether or not the move would be in the best interest of the child. This situation is often confused when more than one court, particularly an out-of-state court, becomes involved in the custody case. Texas may not have jurisdiction over the case if one of the parents never resided in Texas. However, merely conceiving a child in Texas may give the state jurisdiction over the custody case. Typically, the court will decide if moving a child out of state would be emotionally and financially beneficial to the child.
  
  

Shared Custody

• In the state of Texas, shared custody means that both parents share in all aspects of a child's upbringing. In a shared custody situation, both parents share in making medical decisions and being a part of the child's educational process. Both parents can sign medical release forms and have access to the child's medical records and both parents may be apprised of all aspects of the child's education.
  
  

Child Custody Suits

• Both the biological mother and father have a legal right to file a child custody suit. If one or more of the parents are deceased, the closest living relative may also have the right to file a custody suit. In addition, a person who has been in the possession of a child for a period of at least six months may also have legal rights to the child and may file a child custody suit. If one or more of the biological parents of the child had their parental rights terminated, then they are not eligible to file for custody in Texas.
  
  

Abuse, Neglect and Criminal Convictions

• Child custody laws in Texas mirror laws in most states with regard to the abuse or neglect of a child. If the court determines that a child has been subjected to abuse or neglect by a parent, then the child may be removed from the home and the parents' custody rights may be terminated. Also, if one or more of the parents are convicted of a felony, then they may lose their parental rights either temporarily or permanently.
  
  

Grandparents' Rights

• While the rights of grandparents is largely a decision made by both parents, there are circumstances where grandparents have legal rights to their grandchildren. If both parents are deceased, then a grandparent may be able to take legal custody of a child. Also, if a court determines that one or both parents are not fit to care for their child, typically because of abuse, neglect or substance abuse, a grandparent may be able to take custody of the child, especially if one or both parents had their parental rights involuntarily terminated.