Grandparent Rights Attorney in Houston, Texas
Under Texas law, the rights of grandparents and parents are not equal. While a grandparent can petition the court for visitation rights, there’s no guarantee that the request will be granted. The children’s best interests are always the court’s primary concern, and if grandparent visitation will affect the children or the parent-child relationship negatively, it won’t be granted. If, on the other hand, it is deemed appropriate, the court will grant the visitation.
Grandparent Visitation Law
Texas Law: Grandparent Visitation
- At least one of the child’s biological or adoptive parents retains parental rights over the child
- The grandparent who seeks visitation can demonstrate that denying visitation would be physically or emotionally harmful to the child
- The grandparent who is seeking visitation is the parent of the grandchild’s parent, and that parent has either been incarcerated for at least 3 months, has been found mentally incompetent by the court, has died, or hasn’t – of late – had court-ordered or actual visitation with the child
The burden is on the grandparent, and the process is often complicated. If you are a grandparent who is seeking visitation with your grandchildren, consult with a Houston family law attorney today.
Grandparents and Custody in Texas
- The grandchild is living in a home environment that jeopardizes his or her physical and/or emotional welfare.
- One or both of the grandchild’s parents consent to transfer the grandchild’s custody.
It’s important to note that grandparents can’t bring original custody cases against their grandchildren’s parents but can only intervene in custody actions that have already been filed – either by the children’s parents or by the state. While – as previously discussed – grandparents’ rights to custody are always secondary to the parents’ rights, the court will take the child’s best interests into consideration in determining custody. A parent’s rights are nearly inviolate, but parents whose actions consistently endanger their children can face termination of said rights.
Visitation Rights of Biological Grandparents of a Child Who’s Adopted
A Grandparent’s Role in a Child’s Life
Your Rights as a Grandparent in Texas
If You Are Concerned about Your Visitation Rights as a Grandparent, Consult with an Experienced Houston Family Law Attorney Today
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If you need more information on Grandparent Rights in Texas, call The Rudisel Law Firm, P.C. We have the knowledge, trial experience and professional staff necessary to help you.