Ensure a healthy relationship with your grandchildren with the help of an experienced family law attorney
Having a grandchild should be one of the happiest times in your life. Sometimes, when there is tension between parents, a looming divorce, or other scenario, your ability to spend time and continue a relationship with your grandchildren is compromised. At the Law Office of Kyle Whitaker, our Fort Worth family law attorneys understand grandparents play a critical role in their grandchildren’s lives and we work hard to preserve and protect that relationship.
What are your rights as a grandparent?
Unfortunately, the rights a grandparent has to visitation with the child are not defined under any existing Texas law. What this means is there is not a legal statute that states a grandparent has the right to spend time with their grandchildren. However, Texas law does provide grandparents with a legal right to see their grandchildren, provided they have an established relationship, or an extenuating circumstance exists, like if the parent is deceased or incarcerated, allow for limited access. There are extenuating circumstances that allow a court to enforce grandparents rights to visitation, including:
- The parent is either physically or mentally unable to care for the child
- The parent has problems with substance abuse and puts the child at risk
- The parent physically or emotionally abuses the child
- The parent neglects the child physically or medically
These situations require a skilled Texas family law attorney to guide you through the legal process.
How can a grandparent be granted custody?
If one or more of the above-mentioned circumstances exist, there will usually first be an attempt to rehabilitate the parent. This may be done by requiring parenting classes, substance abuse treatment, or other courses of action. If it is deemed the child is at risk, there may be a temporary order issued to remove the child from the home. In extreme cases that require immediate action, or if the parent is non-compliant or unsuccessful in completing the requirements, as a grandparent, you can petition the court to grant permanent custody of the child to you. A case like this should not be handled on a pro se basis, as there are many different areas of family law that must be considered. The health and safety of the child is always the first priority.
What if the custodial parent is a good parent?
When it comes to seeking assistance with grandparents rights, it’s not always a case of a bad parent. The parents could very well be good parents that just don’t let the grandparents be a part of their child’s lives. There could be countless reasons for this. Because there is not a clearly defined Texas law pertaining to the rights of a grandparent, it is imperative to hire one of our compassionate family law attorneys. We understand the legal process and can present your argument to the court.
Contact our experienced Fort Worth family lawyers if you have questions about your rights as a grandparent
We understand maintaining a healthy relationship with your grandchildren is important and our family law attorneys compassionately advocate for grandparents rights. If you have questions about your rights as a grandparent, contact the Law Office of Kyle Whitaker at 817-332-7703, or contact us online for a consultation. Visit our Fort Worth office – we are here to help you and your family.