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  1. #1
    Join Date
    Jun 2010
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    2

    Default Grandparent Has Court-Ordered Custody, Parent Wants Custody Back

    My question involves a child custody case from the State of: Texas

    I have been awarded custody of a grandchild and have a signed court order. Both parents waived rights of service and to appear in court. The judge granted my petition and now one of the parents has decided that they want custody of the child. The child has been under my care for almost 6 months. Can the parent demand the child now or do they have to go through the court and file another petition? The parent who now wants the child has been allowed to visit and does so on a weekly basis. The other parent is in agreement with the current order and sees the child on a daily basis.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody Issue

    They would generally have to go back to court to get custody changed.

    Why was custody awarded? It may make a difference.

  3. #3
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Custody Issue

    Custody was awarded because the parents realized they were not capable of raising the child. Both parents are young but are not minors. The father is in college and not employed and the mother is also unemployed. The court found that it was in the best interest of the child to be placed with the grandparents and left visitation rights to be decided by the grandparents.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody Issue

    The natural parents have a constitutionally-protected right to parent their children until the court strips them of their right.

    This has not happened, so if the parent goes to court and files for custody, they stand a good chance of getting custody provided they have not been proven unfit.

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