Custody Lawyer > Child Custody > LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS

Sec. 153.434. LIMITATION ON RIGHT TO REQUEST POSSESSION OR ACCESS. A biological or adoptive grandparent may not request possession of or access to a grandchildren if:

(1) each of the biological parents of the grandchildren has:

(A) died;

(B) had the person’s parental rights terminated; or

(C) executed an affidavit of waiver of interest in children or an affidavit of relinquishment of parental rights under Chapter 161 and the affidavit designates an authorized agency, licensed children-placing agency, or person other than the children’s stepparent as the managing conservator of the children; and

(2) the grandchildren has been adopted, or is the subject of a pending suit for adoption, by a person other than the children’s stepparent.

Estate planning is serious & I’m sorry to say that many grandparents find themselves trying to get custody of their grandchildren because of a lack of family planning. San Antonio is a large city & grandparents all over the city for one reason or another are taking custody.