Most grandparents are more than happy to be in their grandchildren’s upbringing. However, family dynamics can deteriorate significantly to a level where one (or both) parents don’t allow you to associate with your grandchildren. This is especially the case when the parents divorce or separate, but can also occur following family disputes and even death.
According to Texas family law, Grandparents are awarded certain rights that assure access to their grandchildren. Grandparents can demand access to or possession of, a grandchild if denial of access or possession would adversely affect the child’s mental and physical health. In most instances, the line between losing and winning a grandparents rights case boils down to planning and seizing the opportunity.
The laws surrounding Grandparents Rights in The Woodlands, Texas area are intricate and are often contingent on the unique circumstances of every case. If you are a grandparent in The Woodlands, Texas looking for custody or visitation for your grandchildren, our family law attorneys at Bolton Law will evaluate the details of your case and determine whether you have grounds to file a suit for access or custody of your grandchildren.
What are Grandparents Rights in Texas?
Grandparents rights in Texas refer to court-mandated access between grandchildren and their grandparents. These rights may include visitation rights, custody of grandchildren, support obligations, an alternative means of access, or a combination of these responsibilities and benefits.
The court will always give a verdict that is in the best interest of the child(ren). Grandparents rights see to it that their role in the child’s life is acknowledged.
Texas Family Law Section 153.432 stipulates that an adoptive or biological grandparent has grounds to request access or custody of their grandchild. Section 153.433 proceeds to stipulate that grandparents must meet certain caveats before securing their rights.
Do Grandparents Have Rights in Texas?
Grandparents in Texas do not have automatic rights to visit or see their grandchildren. The courts consider the best guardian of a child to be their parents unless there is reason to believe the child’s welfare is at risk. In this case, a Texas court will award grandparents rights under Section 153.432 and Section 153.433 to access or possess a grandchild.
Family Courts in The Woodlands, Texas acknowledge the integral role that grandparents play in the lives of their grandchildren. It’s very rare for a grandparent to be denied their rights to access or possess their grandchildren unless there is proof of violence or abuse. The best interests of the child(ren) are always considered.
How to Apply for Grandparents Rights in Texas
Applying for your rights to have access to or possession of your grandchild will require you to traverse the complicated legal system. Here’s a general overview of how to apply for grandparents rights:
Enlist a Lawyer
The legal system can be very confusing and time-consuming to file a suit, particularly as a senior. It will be less taxing to know that you have somebody by your side to deal with all the legal aspects of things. Our Bolton Law Family Law attorneys are well-versed in grandparents rights cases and will push for your rights.
Filing a Petition
Your lawyer will assist you to compile and file a petition. The application will encompass proof supporting your claims for custody and visitation rights. This can range from evidence of abuse to the child or proof showing a close relationship with the grandchild.
The court will issue a hearing date where both parties will provide their arguments. The grandparent must definitively show why granting custody or visitation rights is in the child’s interest.
Finally, the court will take into account a range of factors including the blood relation between grandchild and grandparent, the child’s well-being, desires of the parents, and any pertinent information affiliated with awarding custody or visitation rights.
Get The Best Texas Grandparents’ Rights Lawyer Today!
Even though having a close relationship with your grandchildren is difficult after divorce, separation or family feud, your desire to play an active role doesn’t need to change. Grandparents Rights in The Woodlands, Texas allow you to apply for custody or visitation rights. Bolton Law can help remain a presence in your grandchildren’s lives.
Contact us now at 281-351-7897 to book an appointment!