Grandparents Raising Grandkids | Elder Options of Texas

In Texas, 314,137 grandparents are householders responsible for their grandchildren who live with them. Of these: 98,001 (31.2%) do not have parents present.

Many grandparetns don't think twice about assuming the custody of grandchildren when the need arises, because family ties and familial love initially overcome practical considerations. However, forming a"grand-family" a household in which a grandparent, in the absence of parents raises grandchildren - has far-reaching effects on lifestyle, grandparent visitation rights, economic status, and often quality of life.

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Getting Custody in Texas

Unless the child's parent(s) sign a power of attorney giving you the power to say where the child lives and to make decisions for the child, you must go to court to get custody over a grandchild. This means you have to file a lawsuit in a court asking the court to give you custody of the child.

To file an original lawsuit asking for custody:

The grandchild has to have lived with you for 6 months. If the child lived with you for 6 months but is now living with someone else, the child must have moved out within 90 days of when you file the lawsuit, or
A court has to have named you as the child's guardian; or
You must be able to prove that the child is being hurt because of the child's living conditions or by the people caring for the child; or
Both of the child's parents, a surviving parent, the child's court appointed managing conservator, or the child's custodian have to agree that the child should live with you.

Sometimes, someone else has already filed a lawsuit asking a court to say who the child should live with. To enter an existing lawsuit is "to intervene." A grandparent who wants to intervene in a lawsuit must:

Have had a lot of past contact with the child and
Be able to prove that the child is being hurt because of the child's living conditions or by the people caring for the child.

Texas Kincare Primer is a part of the Legal Hotline for Texans program. We find services that help grandparents, aunts, uncles, and elder siblings who are raising minors (with neither parent being in the home) and then can refer you to sources of on-going assistance.

Grandparent Resources and Support

If You Are Raising a Grandchild - The National Family Caregiver Support Program provides support for the growing number of older people who care for children. This program can help grandparents or other relatives (55 and older) who are caring for a child 18 or younger. Call 1-800-252-9240 to learn more.

Below is a list of additional helpful resources, assistance and support services we have complied that we hope will be of help to you, or someone you know:

The Gap Program (Texas and New Mexico) provides services to grandparents and other relatives who care for children in the absence of parents. We support families by providing in-home assessments, case management services and support groups for caregivers. The Gap Program builds on the family's strengths and works with all family members to find solutions to the challenges of raising children in today's complex world.
Grandparents Raising Grandchildren in San Antonio - We focus our efforts to raise awareness and educate on programs or service agencies. Provide an opportunity for families to network and build community. We are a support group of Grandparents who are raising Grandchildren for any unforeseen reason. Our commitment is to empower other grandparents.
AARP Texas Fact Sheet for Grandparents state fact sheets include state-specific data and programs as well as information about foster care, public benefits, educational assistance and state laws.
Grandparents Raising Grandchildren State Resources - More than six million children - approximately 1 in 12 - are living in households headed by grandparents (4.5 million children) or other relatives (1.5 million children). Learn about public benefits available to grandparents and other relatives and the children they raise vary from state to state.
Help for Children Living with Grandparents and other Relatives
If you take care of grandchildren, find grandparent programs in your state and get information about benefits, assistance, and more.

Anyone with children can tell you that raising them is a challenge. Grandparents have already met that challenge once with their own children. But now many grandparents are called upon to meet it again with the next generation.

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Help for Texas Grandparents

Resources & Support