
Did you know grandparents can sue their own children for custody and care of grandchildren? Does this sound like a good idea to you for judges to determine this arrangement for children and to resolve disputes between parents and grandparents? Should parents be forced into bankruptcy just to raise a child without interference from the courts and grandparents?
In 1995 the Texas legislature amended the Family Code to allow grandparents to sue parents or others who had custody for access to their grandchildren. This type of legislation has been adopted in virtually every state in the nation driven by powerful senior citizen groups. The purpose was to allow a means to have access for grandparents who were being kept from their grandchildren.
This change has had unintended consequences that are destroying Texas families and undermining the fundamental right of parents to direct the education and upbringing of their children.
The law was amended again in 2005 to allow grandparents to sue for actual possession in addition to mere access. The statute sets a lower standard of evidence required for access or possession than is required under other parts of the Family Code for custody. However in the 2007 legislative session State Representative Bryan Hughes (R-Mineola) responded by filing House Bill 3971 which would have addressed many of these issues in the current law. The bill did not pass.
State Rep. Phil King (R-Weatherford) has filed a similar bill House Bill 2084 that would make it more difficult for grandparents to sue parents for access to their grandchildren. Parents say they need the protection.
In a hearing last Thursday in the House Human Services Committee King said the law has been abused by people who in many cases disagree with how their grandchildren are being educated or raised. Often King said grandparents have more income to spend on dragging out the litigation.
Grandma and Grandpa can spend $50000 and Mom and Dad cant spend $5000 and theyre forced into settling King said.
Governor Rick Perry strongly endorsed the bill at a rally Tuesday April 7 2009 in front of the Capitol organized by the Texas Home School Coalition. Perry told a crowd of more than 200. I believe government regulation needs to stop at your front door.
The Texas Home School Coalition has listed Kings bill as their priority for the session.
Our position is that parents should not be sued into bankruptcy to defend their right to raise their kids how they want to said
Tim Lambert President of the Texas Home School Coalition.
King maintained that the bill is not anti-grandparent and that it merely aims to clarify a parents constitutional rights over a child and where grandparents fall into that. Opponents argue that a system must be in place to allow grandparents to maintain a relationship with their grandchildren.
Several parents relayed to lawmakers stories of Texas parents fighting grandparents over unsupervised access to grandchildren. Some told stories of how their own parents and in-laws have pursued cases so aggressively that couples had to cut themselves off from their parents and in-laws.
When you have someone who is determined to force their will onto a family just because they can and we have a court system that will allow it its time for this legislature to step in and say no more.