Does Texas Have Grandparents Rights?
You’ve probably read articles online about something called grandparents’ rights. Usually, we see these types of issues when a couple divorces or children are adopted. The biological grandparents want to be able to visit with their grandkids. They figure, they weren’t the ones who decided to give the children up for adoption – why should they suffer?
In Texas, grandparents rights do exist. However, they only exist in limited situations. The requirements to be eligible for grandparents’ rights include:
- The child’s parents are divorced
- The parent either neglected or was abusing their children
- Their parent has died or gone to prison
- The parent has abandoned the child
- A judge has ordered the termination of parental rights
- The child has been living with the grandparents for at least six (6) months
These aren’t typical family situations. If one parent abandons their child or dies, the other parent may remarry. If this happens, there’s a good chance the new step-parent will want to adopt the children. Once this adoption is completed, the grandparents may still want to be involved in the children’s lives.
No matter what the circumstances, the court will never order grandparents’ rights if it’s not in the best interests of the children. This is what matters more than anything else. If you’re interested in pursuing or challenging grandparents’ rights, you need to call an adoption lawyer in Texas.
How Can Your Texas Adoption Lawyer Help?
Just because Texas offers grandparents certain visitation rights, that doesn’t mean requests are always granted. Just because you’re someone’s grandparent doesn’t automatically entitle you to visitation.
Here are a couple of examples of how the law protecting grandparents’ rights in Texas:
- Your son marries and has a baby. You have no other grandchildren. Your son and his wife divorce. As much as you want to see your grandkids all the time, you can only visit when they’re with their dad. This is because your daughter-in-law won’t let you come see them. You can file a petition for visitation rights. However, the judge will deny your petition. None of the specific requirements for grandparents’ rights have been established.
- Your son is dating a girl who has a serious drug problem. They have a child. Just a few months after the baby is born, both your son and his girlfriend are arrested for possession of drugs. They are both sentenced to several years in prison. The state allows a foster parent to adopt the child. You want to be able to visit with the children. You had applied to be a foster parent to your grandchildren, but it was denied because you live out of state. However, prior to your son going to jail, him and his girlfriend lived with you. Their baby has a bedroom in your home. You watched the child most of the time since the baby’s parents were out on the street feeding their habit. If you file a motion for grandparent’s right, it may be granted.
How Do You Establish a Close Relationship?
You may be in a situation where you were raising your grandchild for quite some time. When the child’s parents divorce, the other parent moves the child away from you. However, up until their separation, the kids stayed with you three nights a week. You also took them to school and did their homework with them every night.
The more details you can offer, the better. Your lawyer will have to prove that you have a close and established relationship with your grandchildren. Otherwise, your motion will be denied.
If you can show that the kids had a special relationship with you, there’s a good chance that you’ll be granted visitation rights. However, you’ll want an experienced adoption lawyer in Texas there to help you. They know how to prove your case. They also know how to negotiate a fair visitation schedule with the other parent’s attorney.
Contact an Adoption Attorney in Texas Today
If you’re looking to file a motion for grandparents’ right in Texas, you need to contact an experienced adoption lawyer today. It can be hard to navigate the family law courts in Texas. You’ll want to have an experienced adoption attorney by your side to make the process easier.
Call today and schedule your consultation with a skilled Texas adoption lawyer. They can help guide you through the process. With so much at stake, you don’t want to try to handle this yourself. Contact the experienced attorneys at E&W LGBT Family Law today. They can answer any questions you may have.
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