Actions Grandparents Can Take to Protect Children During a Divorce

Actions Grandparents Can Take to Protect Children During a Divorce


“It takes a village.” Everyone’s heard that one simple rule to raising a child. The world may have sped up some since that proverb came to be, but in many ways, it’s true today more than ever. We asked members of a Texas divorce group for some context on a grandparent’s involvement. Many couples in today’s fast-paced and work-centric world rely increasingly on extended family, nursery services, and babysitters/nannies to ensure their children are well taken care of while the parents are out earning bread.

In divorce cases, these extra-parental relationships that children have in their formative years can prove integral to the settlement of the proceedings. In some cases, especially those in which the marriage has turned toxic and is damaging the emotional and psychological well-being of the child(ren), grandparents have the ability to step forward and declare their concern for the state of the family.

Chronic drug use, neglect, and mental illness can all weigh into the grandparents’ decision to move forward with such action, among other potentially hazardous situations.

The grandparents will have to prepare a sworn affidavit that clearly proves why a child’s life or well-being is in immediate danger. From there, they may be able to seek emergency orders permitting them to gain control of the child until a formal hearing can be held, when the issue of temporary or permanent conservatorship will be decided.

While the parent need to be notified of the request to seek emergency orders, they have every right to be present at the hearing and state their case before the judge.

Categories: Divorce

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