When it comes or maintaining healthy family relationships, the role of grandparents cannot be overstated. Unfortunately, some grandparents do not get to see their grandkids as much as they would wish, often because the child’s parents do not live together. You would think that a simple conversation between the child’s parents and the grandparents is all it takes to come to a visitation agreement, but that is not always the case.
Fortunately, there are grandparent rights in Texas and legal avenues that they can use to protect their relationship with their grandchildren. This read aims to provide a clear understanding of these rights and how grandparents can navigate the legal process to secure these rights. Our team is also readily available to help with any family law inquiries. Call us at [PHONE] to schedule a free initial consultation.
What Are The Grandparents’ Rights in Texas?
In the state of Texas, grandparents’ rights refer to the legal entitlements grandparents have to establish and maintain a relationship with their grandkids. These rights are designed to meet the child’s best interests and that the role of grandparents in their life is recognized.
Grandparents have the right to seek visitation and custody of their grandkids. However, these rights aren’t automatically granted and Texas law (§153.433), requires them to meet specific criteria in order to secure their rights. Reasonable visitation or custody to a grandchild can be granted if the following is the case:
- At least one of the child’s biological or adoptive parents still retains their parental rights and has not had them legally terminated.
- The grandparent seeking child visitation or custody shows evidence that denying them this time would severely harm the child’s physical or emotional well-being. This evidence should be convincing, meaning it outweighs any evidence suggesting that a parent’s decisions are automatically in the young one’s best interest.
- The grandparent seeking visitation or custody is the parent of one of the child’s parents and if any of the following conditions are met:
- The parent has been declared legally incompetent by a court.
- The parent has been in jail or prison for at least three months before the request is made.
- The parent has passed away.
- The parent does not currently have physical or court-ordered time with the child.
Do Grandparents Have Rights in Texas?
Yes, grandparents have rights in the state of Texas, but they are not absolute. The law recognizes the fundamental right of parents to make decisions regarding their kids’ welfare, including deciding who can have access or custody of their children. Still, there are situations where the grandparents can assert their rights and seek court intervention to seek visitation or custody.
For grandparents to gain visitation rights, they must show that denying them access to their grandkids would have a significant impact on the young one’s physical and emotional well-being. In addition, they must demonstrate that obtaining visitation would be in the child’s best interest.
How to Apply for Grandparents’ Rights in Texas
Applying for visitation or custody rights in Texas involves navigating the legal system. This process is not always straightforward and seeking assistance from an experienced family lawyer is highly recommended. That said, here is the general overview of the process:
Consulting an Attorney
The first step is to seek the advice of a family law attorney with vast experience in grandparents’ rights cases. Our team is readily available to guide you through the legal requirements and provide advice and support based on your situation.
Filing a Petition
Your legal representative will help you create and file a petition with the court. The petition should include concrete evidence supporting your claims, like evidence of possible harm to the young one if the relationship is severed or documentation of a significant current relationship with the grandchild.
Court Proceedings
Next, the court will arrange for a hearing where both parties present their arguments. It goes without saying that a strong case is needed to show why granting grandparents’ rights is in the best interests of the child.
Court’s Decision
At this stage, the court will consider an array of factors including the young one’s well-being, the relationship between the grandparent and grandchild, the parents’ desires, and any potential benefits or risks associated with granting visitation or custody rights.
Protect Your Grandparents’ Rights With the Best Family Lawyer in Spring, Texas!
If you’re a grandparent concerned about your rights to see your grandkids, do not hesitate to contact an attorney. Our family lawyers can help you understand your rights and represent you in court if necessary. Call us today at {Phone} to learn more!
