Question Presented
Under Texas Law, a child may be given to a third party if the main conservator would significantly impair the child either physically or emotionally. Can Renee Walker (Allison’s mother) now receive custody because she claims she is ready to care for Allison on her own. The Walkers want to know if they can gain primary custody over their two-year-old granddaughter due to Renee’s history of neglect and drug abuse.
Brief Answer Probably yes. The Walkers will likely succeed in their claim for custody of their granddaughter Allison, because she created an environment that would impair Allison physically and emotionally. Renee walker, as a mother, was responsible for caring for her daughter, and failed this duty, by becoming addicted to drugs, showing negligence towards Allison, resulting in a two-year period of comfortability Allison to develop with her grandparents.
Facts
Renee Walker, the daughter in-law of Beverly and Henry Walker (The Walkers) lost her husband when he was killed in a car accident. Renee went into a mourning stage, attended two counseling meetings, and then stopped going. The Walkers decided to go to check in on Renee after not hearing from her for a few days and when they arrived, they were shocked to see …show more content…
Lewelling, the court reviewed a mother (Brenda) becoming the main conservator of her child (Jesse). The court determined that inconsistent employment and crowded living areas do not count as a factor in harming a child’s physical and emotional health and that a preponderance of the evidence standard was needed when determining new custody. This case had a strong dissent towards factors such as employment, length of time living with grandparents, and the inability of staying away from an abusive boyfriend. Also, the case had a dissent that mentioned previous cases dealing with the standard of if there is a scintilla of evidence supporting impairment of a child then custody should not be