When you are faced with a family conflict, or any legal issue that involves your marriage or children, you need a legal professional who has the skill, experience, and commitment to properly protect your interests.
It is possible for a grandparent to obtain custody or rights of access to his or her grandchild, but it is extremely difficult. The Texas Legislature passed several laws limiting the rights of grandparents to rare and special circumstances. These circumstances may include child abuse and/or neglect, family violence, drug and alcohol use, or other situations which place your grandchild’s physical safety or emotional well-being in danger.
If you believe that your grandchild’s physical health or emotional well-being is impaired, you should consult with an experienced Austin attorney to determine your rights to your grandchild. Rachel Moyle Law, PLLC has experienced attorneys and staff, and we will help you achieve what is best for you and your grandchild.
Obtaining custody of a grandchild is very difficult. In Texas, a grandparent can request custody of a grandchild when the grandchild’s safety is in danger. Texas Family Code provides that a grandparent can file a lawsuit for custody of his or her grandchild if the grandparent can show that the request for custody is necessary.
In order to have standing to seek visitation with your grandchild in Texas, you must prove the following conditions exist:
Give us a call at (512) 948-3688 to discuss your custody rights and options as a grandparent.
Generally, the last factor, proving that without visitation the child’s physical or emotional state will suffer, is the hardest to prove. You will likely need to employ the services of a professional to testify as to your positive impact on the child. In addition to meeting the three requirements above, you will need to show one of the following circumstances exist:
Reviewing the case law, visitation has typically been awarded to grandparents in Texas under very limited circumstances. In most cases, the court presumes that the grandparent should pursue access to the child through the living parents. Evidence that could tend towards an award of visitation may include proof that the child lived with the grandparent for a considerable amount of time, evidence the child’s parents are abusive or negligent, or, at times, an older child’s stated desire to spend time with the grandparent. Any grandparent who wants to obtain visitation or custody of a grandchild should consult with a grandparents’ rights attorney as soon as possible.
To get started, call (512) 948-3688 and arrange a confidential consultation and review of your case.
Grandparents often play an important role in their grandchildren’s lives. At times, circumstances arise in which a grandparent has been prevented from visiting with their grandchild. Every state has some type of grandparent visitation law, though the extent of the law varies widely by state. Ultimately, the custodial parent has the right to deny visitation, even to grandparents. However, this would only apply if the courts felt that this decision did not hinder the best interests of the child(ren). It is often advised to mend the relationship between the custodial parent, as it can save the headache of frequent court hearings. Mediation is a valid option, as it can help two people find a common ground.
In Texas, it is difficult but not impossible for grandparents to receive an award of visitation with their grandchild against the parent’s wishes. Our Austin, Texas grandparents’ rights lawyer at Rachel Moyle Law, PLLC discuss grandparents’ rights laws in the state below.
Grandparent Custody & Visitation Rights in TexasRequest a Consultation