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Grandparents' rights: Stranger gets newborn after mother dies

Grandparents nationwide, including in Texas, have certain rights. However, claiming those rights can be difficult. Under Texas law, a court may consider appointing the grandparents of a child as conservators if both parents of the child are deceased. However, what happens if the mother was not married? A mother in another state is currently fighting for grandparents' rights after her unmarried daughter died during childbirth.

The woman reported that complications arose when her 26-year-old daughter gave birth, and, although the little boy survived, the mother lost her life. The daughter was apparently not married, and her mother said she is not aware of a paternity test being done prior to the child's birth. Upon filing for child custody, the grandmother found that an unknown man had already filed for -- and was given -- custody of the baby.

She asserted that, despite the fact that her name was recorded as next of kin, she was not contacted before her grandchild was given to a stranger. It was reported that a dependency case has been filed on her behalf by the state. As motivation for the claim, a doctor apparently provided a note stating that it would be in the child's best interest to be in the care of the maternal grandmother.

Grandparents in Texas who are concerned about the welfare of their grandchildren may benefit from consulting with an attorney to learn about their legal rights. A lawyer who focuses on cases involving grandparents' rights can provide answers to all their questions. After assessing the circumstances, remedies for the situation can be discussed. As part of the legal requirements, DNA tests may have to be done, and an attorney can provide guidance and support during negotiations with Child Protective Services and throughout all other legal proceedings.

Source:, "Family says newborn grandson was given to 'stranger'", William Joy, Oct. 1, 2015

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Vernier & Associates, PLLC Vernier & Associates, PLLC

Vernier & Associates, PLLC
2441 High Timbers Drive Suite 110
The Woodlands, TX 77380

Phone: 281-882-3271
Fax: 832-585-0955

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