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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33554
Experience:  Began practicing Family Law in 1992
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What paper do I have to file to claim my grandkids as next

Customer Question

What paper do I have to file to claim my grandkids as next to kin. Out of a placement house by court.
Submitted: 9 months ago.
Category: Family Law
Expert:  JD 1992 replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 9 months ago.

I'm not following. Who told you that you had to file a paper of some kind to claim that you are next of kin of your grandchildren?

Customer: replied 9 months ago.
I have Joint Permanent Managing Conservator of my grand kids with a lady that says she the grandmother to my oldest grandson and nothing to my youngest. The court placed them with her and giving me extended visitation. Not sure if the court was confused do to the fact that there was a total 8 attorney in this case. Cps was also involved.
Customer: replied 9 months ago.
The mom is our daughter.
Customer: replied 9 months ago.
There is two different father.
Expert:  JD 1992 replied 9 months ago.

There is really no "paper to file to claim grandkids as next of kin". If you are a Joint Permanent Managing Conservator then you have already been recognized by the court as a relative.

If you can tell me what you are trying to achieve by filing that paper then I can probably point you in the right direction as to what you actually need to file or what you need to do.

Also, do you have an attorney in this? Does the woman who has the children placed with her have an attorney?

Customer: replied 9 months ago.
I had an attorney at the time. So did the other lady. at the time of the court hearing. We just want to get our grandkids home. I believe that family should raise them not someone that is not family.
Expert:  JD 1992 replied 9 months ago.

I agree with that. You could argue that the woman doesn't have "standing" as to the child she is not related to, although the longer she has possession of the child the more likely she has standing. Then, if you get the court to change the conservatorship of that child to you, you go back to court and argue that the kids should be kept together.

If you don't think she is actually related to any of the children then you can challenge standing and ask for a DNA test to prove she is related.

Customer: replied 9 months ago.
The court ordered for them not to be separated. From what the father of my oldest grandchild said is that she is his aunt.
Expert:  JD 1992 replied 9 months ago.

That will give her the same standing as a grandparent in Texas.

The only way to get the grandchildren back with you under the additional facts you have provided is to do a Motion to Modify and present your reasons. The issue as far as "what paper to file" is that you have to file a Motion to Modify. Being "next of kin", which isn't really a term Texas recognizes, doesn't have much to do with the case based on these facts. You probably need to get another lawyer and tell them what you want and then let them being to plot out the best way to achieve that goal.

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