Grandparent’s rights typically apply to the custody of a grandchild and visitation privileges. Grandparents may file suit requesting custody if they believe it is in the child’s best interest. In this case the children must have lived with the grandparents for at least 6 months and the petition must be filed within 90 days of the date the children were no longer living with them. They may also petition for custody if there is an emergency that endangers the health or well-being of the children. The grandparents have the burden of proof, which means they must demonstrate that the children are better off living with the grandparents and they must prove that living with the parents would be harmful to the child. In court the grandparents may petition for periods of visitation and be granted visitation rights over the objection of the parents.
In determining custody if the child the court looks at factor such as:
The court also considers parental presumption, which says that it is usually best for the child to live with his or her natural parents. To disprove this presumption the grandparent must show that:
There are no automatic grandparent’s rights and grandparents have no automatic visitation rights unless they go to court. They must have the approval of one of the parents; if approval is not granted they may be able to obtain a court order over the objection of the parents in some circumstances. A court can authorize grandparent visitation if the visitation is in the child’s best interest, and one of the following circumstances exists:
The grandparent cannot request visitation if the child has been adopted by someone other than the child’s step-parent. Visitation statutes do not give the grandparent an absolute right to visitation.
As family law attorneys in Texas, we understand the complications involved in Texas family laws. For grandparents, Texas family laws are complicated and need the help of an experienced family law attorney to represent you effectively in the court. We have represented clients for their legal matters involving parental rights and grandparents rights. Our clients include grandparents fighting for the custody or visitation rights of their grandchildren. Our service is based on care, dedication, and passion for providing quality legal counsel. Our experienced team of Dallas attorneys for family law, have represented grandparents for getting the child custody, visitation rights, child support, and adoption of their grandchildren.
If you or a loved one is seeking the legal services of an experienced family lawyers for rights of grandparents, our team is here to help you. We offer free legal consultation to discuss the details of your case and help you get the answers to any questions that you may have.
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