Most grandparents find themselves at the short end of the stick when they are denied access to their grandchildren. Luckily, grandparents rights in Texas allow grandparents to have legal options in such a situation.
If a parent has unfairly denied or restricted you from seeing your grandchild, you may be able to file for visitation rights in New Caney. Consult with a grandparents rights attorney before taking action to establish if you have a case.
At Bolton Law, we have a skilled team of lawyers that has successfully handled multiple grandparents rights cases and will work tirelessly to ensure your rights are protected and you get a favorable outcome. Because each case is unique, we formulate solutions that are specific to your case. Let our skilled family attorneys review your case and determine the best course of action. Talk to our legal team at 281-351-7897 to schedule a consultation.
What Are Grandparents Rights
While parents are often the ones who battle for visitation and custody — when child custody issues arise — they are not the only ones with these rights. Grandparents may lose their rights to see a grandchild when the court grants a bitter parent custody. You have the right to go to court and petition the right to be a part of your grandchild’s life in such a situation.
Working with our reputable attorney to streamline this process and ensure you get the best results possible would be wise. A worthy mention is that while grandparents have rights, they must meet specific criteria before filing for visitation. In addition to visitation rights, grandparents also have the right to seek custody in particular situations, such as when a parent is incapable of meeting the child’s needs due to court-decided incompetence, incarceration, or death.
Do Grandparents Have Rights In Texas
In Texas, grandparents only have rights to visitation or custody of a child if a parent is willing to grant them these rights. Otherwise, suppose a parent denies you these rights, in that case, your only option is to fight for your rights in court.
With visitation rights, grandparents must have approval from at least one parent. Grandparents can petition for visitation rights if both parents object to visitation rights. Visitation rights may include these periods:
- One weekend a month
- One weekend during the summer
- Time over the Christmas holiday
In a situation where grandparents are filing for custody, the court will only grant them custody if it is in the child’s best interest and one of these situations exists:
- The parent neglected or abused the child
- The parents are divorced
- The child has lived with the grandparent for at least six months
- The court terminated the child-parent relationship
- The parent has been found incompetent, incarcerated, or is deceased
When seeking custody or visitation rights, you have the burden of proof to demonstrate that it is in your grandchild’s best interest for you to have these rights.
How To Apply For Grandparents Rights In Texas
Grandparents can file a lawsuit for visitation or custody if they are certain it is in their grandchild’s best interest. However, they cannot request visitation rights if the child is adopted by anyone other than their step-parent.
Under Texas Family Code § 153.432, grandparents have a right to file a suit for modification or a new lawsuit to receive a court order granting them visitation and custody rights.
Applying for grandparents rights in Texas involves:
- Speaking to the parents of your grandchild and try and have an arrangement allowing you to see and spend time with the child
- Try family mediation if speaking to them does not work
- If mediation is unsuccessful, apply to the court seeking access to your grandchild—you can apply for custody in specific situations
- When making your application, you are required to fill in a form and then submit it to the court
- If the court denies your claim, you can file an appeal within 14 days of this decision
Courts often prioritize the child’s best interest whenever anyone appeals for visitation or custody. Before applying, seek professional legal advice and guidance.
Contact The New Caney Grandparents’ Rights Lawyers At Bolton Law For Caring Representation
Getting grandparents rights can be difficult as it is often presumed that parents have the right to raise their kids as they see fit—provided they prioritize the child’s best interests. However, if you are serious about getting your grandparents rights—be it visitation or custody—the reputable family law attorneys at Bolton Law can help.
Ruby Bolton, our board-certified lawyer, leads a team of experienced grandparents rights attorneys who will review your case and develop a strong defense to get you a favorable outcome. Grandparents rights in Texas may be complicated—we have experience and are versed in the law—but we are more than qualified to handle your case. Let us help you gain access to your grandchild. Ready to schedule your consultation? Call our team at 281-351-7897 today!