grandparent doesn't want to support grandchild

[tay82]

my cousin is in prison in texas. my aunt's daughter in law isthreatening to sue the grandparents for support of her stepchild while the dad is away. My aunt does not want to support her grand child while her son is in prison. The father has legal and physical custody. He has visitation with his mother. Should'nt the mother support the child not the grandparents? The daughter in law says it is the law that grandparents must support their grandchildren. I have never heard of this. Is there any truth to this?
Thanks

[jvanbrocklin]

There is no truth to that what so ever. My cousin has a baby and the father is in jail currently and she has a support order in for him while he is in jail that he will have to apy as soon as he gets out. Also with her being the step mother she has no rights to take any one for support unless she has legal court appointed custody. Technically the father that is incarcerated has the custody and he left his child with his wife, and if the biological mother is no where around to take the child then the step mother just has the child. Now what I am about to say I am not 100% about, this may also depend on how long the step mother has been in the childs life and what state you live in but I believe grandparents have more rights than step parents and technically if the biological mother is unabel to take the child while the father is in jail then I believe that the grandparents could technically take the child being that they are biological. But No she cannot take the grandaprent for support becaseu they did not conceive that child.