Why You Need a Lawyer for Grandparents’ Rights in TX
Although a grandparent is often a very important member of a child’s life, it can be difficult for a grandparent to obtain the same rights a parent might have when it comes to custody or visitation.
Even if a child would be in better hands under the custody of a grandparent than a parent, it can be a long and complicated process to prove this in court. A grandparent will need to prove that gaining visitation or custody rights is in their grandchild’s best interest and they may be up against resistance from one or both parents, who tend to take priority.
Clearly, this can be a stressful and uncertain situation, and trials and negotiations can drag on for a long time. Hiring a trustworthy attorney for grandparents' rights who is experienced in cases involving grandparent visitation or grandparent custody is an important step to placing a child in a happier, and sometimes safer, situation.
Grandparent Visitation & Custody
Following a divorce or other significant change to a family’s structure, grandparents may find that there are sudden barriers between them and their grandchildren.
So long as it can be demonstrated that visitation from a grandparent is in the best interests of the child, a court may order visitation in any of the following situations:
- The child has been subjected to abuse or neglect from the unfit parent
- The parent-child relationship has been terminated by a court order
- The parent has been imprisoned, found incompetent, or has passed away
- The child has lived with the grandparent for at least 6 months in the last 2 years
Additionally, there are some situations in which a grandparent may wish to file suit for custody of the child on the grounds of the custodial parent or parents being unfit. A skilled Houston grandparent's rights attorney will be an essential part of successfully arguing to be granted custody or visitation in any of these circumstances.
Grandparents’ Rights FAQ
Grandparents’ rights is a relatively niche area of the law, so you likely have many questions. We have listed the answers to some frequently asked questions below. You can also call us at (713) 766-5355 to hear the answers to any specific questions about your case.
What kind of rights do grandparents have in Texas?
Sections 153.432-153.434 of Subchapter H of Chapter 153 of the Texas Family Code affords grandparents the right to file for child custody or visitation of their grandchildren. However, the right to appeal to the court does not guarantee that visitation or custody will be granted. A Texas family law judge will only order custody or visitation rights to a grandparent if it's deemed to be in the child's best interests. If you would like to pursue custody or visitation of your grandchild, our Houston grandparents rights attorneys are more than happy to help you find a favorable resolution to your case.
What can I do if I’m not allowed to see my grandchild?
If your child moves away or cuts off contact with you, then you do not necessarily have rights to see your grandchild unless you have previously had an established relationship with that child. For example, if your grandchild lived with you previously or if the child’s parents can be proven to be unfit, you may have a case to apply for custody or visitation. Otherwise, there is not always a valid legal reason why you should win visitation or custody.
In this case, the best thing you can do is try to repair your family relationships so that you’re no longer cut off from seeing your grandchildren. This could take time, but in the end, making an effort to get along with the child’s parents is the easiest and most likely way for you to continue a relationship with your grandchildren. Ultimately, parents who are not unfit have final rights to decide who gets to interact with their children.
My grandchild lives with me. How do I apply for custody?
Often, when a grandchild lives with a grandparent, it’s because the child’s parents are incarcerated, in rehab, missing, or for some reason out of the picture. In this type of situation, it could be best for the grandparents to be given full custody of the child while the parents are unable to provide them with the care they need. Becoming the child’s legal conservator or guardian will also allow the grandparent to do things like enroll the child in school and oversee visits to the doctor.
To become your grandchild’s legal conservator or guardian, you’ll need information about their parents’ situation and whereabouts, and proof that you becoming their legal conservator or guardian is in their best interest. A grandparent's rights lawyer can help you file the appropriate paperwork and get into court.
What should I do if I think my grandchild is in danger with their parents?
If you believe your grandchild is put in imminent danger by living with their parents, then call Child Protective Services at 1-800-252-5400. Additionally, you may be able to get an emergency court order to protect the child.
If your grandchild already lives with you and their parent wants them back, then you should definitely talk to a knowledgeable grandparent's rights attorney before making any decisions, especially if you truly believe the child is safer with you. You can also discuss the matter with the child’s parents and let them know that you believe the best solution for the child is that they stay with you.
Contact Us – (713) 766-5355
At Diggs & Sadler, we understand that you, as a grandparent, just want what is best for your grandchild. Whether that involves giving them the opportunity to have a relationship with you through visitation or gaining custody, we can help you win your case. Custody and visitation cases can be long and tiring, while legal nuances can be confusing and frustrating. Don’t let these concerns keep you away from your grandchildren, and don’t hesitate to learn more about your options.
If you are involved in a dispute over your access to your grandchildren, you will likely need effective legal representation in order to protect your rights.
Schedule an evaluation to learn more about your options! Contact a Houston grandparents’ rights lawyer at Diggs & Sadler at (713) 766-5355 today.
