Grandparents' Rights in Texas

A family consists of many different parts. Most people will consider a married man and woman in addition to their children are a family. However, there are many other people who can be considered a part of the family such as grandparents. Grandparents usually play a very important role in the lives of children, though not as big of a role as the parents. Sometimes, parents will choose to cut the grandparents out of a child's life for various reasons and the grandparents choose to hire a family law lawyer to help them fight for the rights to see their grandchild.

Grandparent Rights

The rights of grandparents, are very different than the rights of parents under Texas family law. For parents, unless there is a standing court order, both have equal access and rights to the children. No parent can legally keep the children from the other parent unless there is a court order or the other parent is a threat to the children. Grandparents, however, have no rights to their grandchildren under Texas law. They are not barred from being able the see and spend time with their grandchildren, however, they will need approval from one or both of the parents to do so. If the parents do not wish the children to be in contact with their grandparents, a family law lawyer can possibly help to acquire some grandparent's rights.

Grandparents' rights are dealt with on a case by case basis. A family law lawyer will best be able to explain each possible scenario and the odds of success in this type of case. A grandparent will need to prove that it is in the children's best interest that they be part of their lives. One of the most likely scenarios for grandparents' rights to be granted is if the grandparents had previously played a significant role in raising the child.

Help from Texas Family Law Lawyers

In some instances, grandparents may require the use of a "family law lawyer" to help them petition for custody of their grandchildren. One of the types of cases that is likely to allow for the use of "grandparents' rights" and custody is if the child is in danger especially from the parents. Generally, in cases where the child is in danger, the child will be removed and placed in foster care. However, the courts would usually prefer for the child to stay with someone who is a family member whom the child is already comfortable with. The only time this is not advisable is if the court believes that the grandparents will not be able to keep the children from the parents until the case is settled. In cases such as these, the burden of proof will lie with the grandparents to prove that the children are in danger.

Another instance where custody may be granted to the grandparents is if the child has spent a significant amount of time with the grandparents. Specifically if the child has lived with the grandparents for a period of at least 6 months, the grandparents are able to petition for custody as long as they file this petition within 90 days of the child leaving. This can help to ensure that the child is in stable environment and is not being traumatized by changing living conditions too frequently.

• Divorced Couples & Grandparents' Rights

Sometimes, when a couple divorces, one parent will decide to not be a part of their children's lives. This can happen for various reasons such as the parent serving jail time or they simply do not want to be a parent any more. In situations such as this, the grandparents from that side of the family may desire to spend time with the grandchildren in lieu of their own child providing the visitation. The grandparents from this side of the family can then petition for visitation from the courts. Grandparents will not be granted as much visitation as the parent would receive, however, they will likely get some time to spend with their grandchildren. This will ensure that both sets of grandparents have the rights to spend time with their grandchildren and have an equal influence. A family law lawyer can help to achieve this goal.

Whereas grandparents' rights do not automatically exist in Texas, there are instances where a family law lawyer can advise grandparents in their quest to spend quality time with their grandchildren. Grandparents can be a very important part of children's lives and they can even serve as another set of parents helping the children to grow up and be successful in their lives. When parents make bad decisions, it is sometimes up to the grandparents to step in and make sure that their grandchildren are raised properly.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

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