Q: My 14 year old grandaughter no longer wishes to live with her father and step mother due to being treated badly.
what are the options
A:
1. Her mother can file for primary physical custody. This is the best option.
2. A relative can file for primary physical custody. This is the next best option.
3. She can report her mistreatment to Child Protective Services. If the mistreatment constitutes abuse or neglect, CPS may remove her and place her either with a relative or in foster care. This is the least desirable option.
A: Grandparent standing is a slippery slope after the Texas Supreme Court case of In Re CJC. You would have to show BOTH parents are unfit and that it would serve your granddaughter's best interests to come live with you. You should consult with an attorney about the facts specific to your case. Good luck to you.
A:
Based on the information provided, the grandparents' options may be limited due to the presumption that a parent acts in the best interest of their child
1. In the case of In re C.J.C., the Texas Supreme Court held that anyone who seeks to obtain custody of a child over a parent's objection must first overcome the presumption that a parent acts in the best interest of their child. https://casetext.com/case/in-re-cjc-7
2. This means that the grandparent would need to prove by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being
3. If the grandparent is unable to overcome this presumption, their options may be limited. However, it may still be possible for the grandparent to seek possession or access to the child through other legal means. I recommend that the grandparent consult with a family lawyer to discuss their specific situation and explore their legal options. Good luck!
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