September is National Kinship Care Month, a time to recognize grandparents and other relatives who step in to care for children when parents are unable to do so.
For many families, these arrangements do not begin with a court proceeding. They begin with a conversation. A grandchild stays with Grandma for a few weeks. An aunt takes over the school routine. A relative provides stability while a parent works through a difficult period.
When an arrangement continues, however, the difference between caring for a child and having legal authority to make decisions for that child can become increasingly important.
What Is Kinship Care?
Kinship care generally refers to a child being cared for by a relative or another adult with a significant family-like relationship to the child. Grandparents are often the caregivers people first think of, but kinship caregivers can include aunts, uncles, adult siblings and other relatives.
Every family's circumstances are different. Some arrangements are temporary and informal. Others may eventually require families to consider conservatorship, possession, adoption or another legal arrangement.
Do Grandparents Have Automatic Rights in Texas?
No. A biological or adoptive grandparent does not automatically have a right to court-ordered possession of or access to a grandchild simply because of the grandparent relationship.
Texas law recognizes the important constitutional rights of parents to make decisions regarding their children. As a result, a grandparent seeking court-ordered possession or access must meet specific legal requirements.
Whether a grandparent has standing to pursue a particular case and whether the necessary legal standard can be met depend heavily on the family's circumstances.
When a Relative Is Actually Raising the Child
Grandparent access is only one issue that may arise in a kinship family.
A different set of questions can develop when a grandparent or another relative has effectively become the child's primary caregiver. An informal arrangement may work for a period of time, but caregivers can eventually encounter practical questions involving school enrollment, medical decisions and other responsibilities.
That is when families may need to consider whether the caregiver's legal authority accurately reflects the role that person is actually filling in the child's life.
Conservatorship and Kinship Families
Texas uses the term “conservatorship” to describe many of the rights and duties commonly associated with child custody.
Depending on the circumstances, a relative who has been caring for a child may have questions about seeking conservatorship or another court order that establishes particular rights and responsibilities.
There is no single solution that is appropriate for every kinship family. The child's relationship with the parents, how long the child has lived with the caregiver, existing court orders and many other facts may affect the available options.
What About Adoption?
Some kinship families eventually consider adoption, but adoption is significantly different from establishing conservatorship or possession rights.
Adoption permanently changes legal relationships and generally involves addressing the existing parents' rights. Because of those consequences, families considering relative or grandparent adoption should understand exactly what the process would mean for everyone involved.
When an Informal Arrangement Stops Being Simple
Family members often step in because a child needs them, not because they intended to become involved in a legal case.
But an arrangement that began as “the kids are staying with us for a while” can look very different six months or a year later.
When a relative has become responsible for a child's daily life, understanding what legal authority exists can help the family determine whether the current arrangement still meets the child's needs.
Kinship Care in East Texas
Grandparents and relatives play an important role in families throughout Tyler, Longview, Smith County, Gregg County and the surrounding East Texas communities.
Texas law involving grandparents, conservatorship and kinship caregivers can be highly fact-specific. Understanding the existing court orders, the child's living arrangement and the rights of the child's parents is an important starting point when determining what legal options may be available.
Griffith Law Office serves East Texas families from offices in Tyler and Longview.
This article is provided for educational purposes only and does not constitute legal advice. Every family law matter is different, and the law should be considered in light of the specific facts of each case.
