There’s no greater bond than that of a grandparent and their grandchild. That special bond goes down generations and is something to be cherished. What’s more, your active presence as a grandparent adds joy to the child and has a range of advantages for your health and well-being. Sadly, some grandparents aren’t given the chance to foster this bond with their grandchildren. In this case, you should know that there are Grandparents Rights in Texas.
Perhaps the child’s parents have separated or family dynamics have brought discourse and limited your access to your grandchild. Regardless of the case, it doesn’t warrant you missing out on your grandchildren’s upbringing. So what should you do if a parent denies a grandparent access to their grandchildren? Is there any legal recourse? At worst, what if the child’s well-being is in jeopardy? If you don’t know what rights you have as a grandparent in Porter, Texas, you should consult with a family law attorney for help.
If you have had the disheartening experience of being refused contact with your grandchild, you need a skilled grandparents rights attorney to guide you through the legal proceedings. Allow the legal team at Bolton Law to build a strong case on your behalf and ensure that the welfare of your grandchild is preserved. Contact us today at 281-351-7897 to arrange a consultation and case evaluation.
What are Grandparents Rights in Texas?
Under Texas Law, grandparents rights refer to the legal rights grandparents have to forge and preserve a relationship with their grandchildren. Texas law allows for controlled access to the grandchild based on the fact of being the grandparent, though those rights are contingent on the unique circumstances of every case. Grandparents rights in Texas are stipulated under Sections 153.432-153.434 of Subchapter H of Chapter 153 of the Texas Family Code.
These statutes describe when a grandparent has grounds to petition the court for visitation rights and access to a grandchild, along with child custody. These statutes are not a surefire way for a grandparent to get visitation rights or custody; they just provide grandparents with the legal leeway to make an appeal.
Do Grandparents Have Rights in Texas?
In Texas, grandparents are limited as to how they can access their grandchildren. This is because the state considers the parents as the primary custodians of the child(ren) and parents have the power to choose who has access to their child(ren) in most circumstances. So, NO! Grandparents are not given automatic legal rights for access or possession of their grandchildren.
However, although grandparents rights are limited, Texas Family Law allows grandparents to make an application to gain access to their grandchildren. In this case, the court will consider:
- Blood Connection with the child
- Nature of the petition
- If the application is in the best interest of the child
In this sort of situation, timing is everything and you’ll need to seize the opportunity once it arises. If you feel the emotional well-being or physical health of the child is in jeopardy, contact a grandparents rights lawyer in Porter, Texas right away to begin filing your suit. Waiting could hamper your chances of gaining access to or custody of the child.
How to Apply for Grandparents Rights in Texas?
Filing a petition to gain possession of or access to your grandchild will work like any court case and will need you to follow court procedures and protocols. If you are looking to get custody or access to your grandchild, here’s how to apply for grandparents rights:
Hire an Attorney
Laws regarding the welfare of a child are always intricate and can be confusing, especially for an elderly person. The legal jargon, deadlines and errors may see you miss out on gaining access to or custody of your grandchild. The Family Law attorneys at Bolton Law can help you file your suit properly and on time. They will also be vigilant and ensure your rights are protected.
File a Petition
Our attorneys will review your case and see if you qualify to seek custody or access. They help you gather and file your petition within stipulated deadlines. The application should include ‘physical evidence’ showing beyond reasonable doubt that the child is better off with you. This can be incarceration of the parent(s), drug and substance abuse or abuse of the child in some manner.
The judge will schedule a hearing where both parties will put forward their arguments. As the grandparent, you should convince the court you have a deep and ongoing relationship with your grandchild(ren).
The court will deliberate over various factors and see which scenario best caters to the well-being of the child and make a final decision granting or denying visitation rights or custody to the grandparent.
Secure Your Grandparents Rights in Texas By Hiring Skilled Family Law Attorneys!
If you are looking to gain access or custody of your grandchild in Porter, Texas, Bolton Law strongly urges grandparents to get advice from an attorney for Grandparents Rights in Texas. Our dedicated grandparents rights lawyers will ensure all paperwork is filed correctly and submitted within the deadlines. We can also represent you in court and prove why you deserve access or custody of the child.
Book a consultation with our legal team by calling 281-351-7897 now!