As a grandparent, you play a significant role in your grandchild's life. However, if you are facing a situation where you are being denied access to your grandchild, you may feel helpless and unsure of your options. Fortunately, Texas law recognizes grandparent visitation rights in certain circumstances. In this blog post, our family law attorneys will provide you with a comprehensive guide to understanding grandparent visitation rights in Texas.
What are Grandparent Visitation Rights?
Grandparent visitation rights refer to the legal right of grandparents to visit their grandchildren. In Texas, grandparents can seek visitation rights if they can prove that it is in the best interest of the child. This can be challenging, as Texas law presumes that a parent's decision regarding their child's care and custody is in the best interest of the child.
When Can Grandparents Seek Visitation Rights?
Grandparents can seek visitation rights in the following circumstances:
1. The child's parents are divorced, and the grandparent's child (the parent of the grandchild) does not have primary custody of the child.
2. The grandchild has lived with the grandparent for at least six months.
3. The grandchild's parent (the grandparent's child) has passed away, or the grandparent's child has been declared incompetent.
4. The grandchild's parents are still married, but there is evidence of abuse or neglect.
What Factors are Considered in Determining Grandparent Visitation Rights?
When determining grandparent visitation rights, the court will consider the following factors:
1. The relationship between the grandparent and the grandchild.
2. The amount of time that has passed since the grandparent last had contact with the grandchild.
3. The effect that visitation will have on the child's physical health and emotional well-being.
4. The grandparent's ability to provide for the child's needs during visitation.
5. The parent's reason for denying visitation.
Tips for Grandparents Seeking Visitation Rights
If you are a grandparent seeking visitation rights, here are some tips to keep in mind:
1. Hire an experienced family law attorney who can help you navigate the legal process.
2. Be prepared to provide evidence that visitation is in the best interest of the child.
3. Be respectful of the parent's decision, and try to work out a visitation schedule that works for everyone.
4. Stay involved in your grandchild's life, even if you are unable to see them as often as you would like.
Speak with an Attorney
Grandparent visitation rights can be a complex and emotional issue. If you are a grandparent seeking visitation rights, it is important to understand your legal options and work with an experienced family law attorney who can help you navigate the legal process. At Myres & Associates PLLC, we have helped many grandparents in Houston, TX, fight for their visitation rights. Contact us today to schedule a consultation and learn more about how we can help you.