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Dallas-Forth Worth Grandparents’ Rights Attorneys Serving Collin, Tarrant, & Rockwall Counties

Here at Shemesh Family Law, our Dallas-Fort Worth lawyers believe that grandparents are special, and the bond between a grandparent and grandchild is important. We have been told, “there is nothing quite as great as being a grandparent.” We will advocate and fight for our clients to be given the opportunity to be the very best grandparent they can be.

To speak with an experienced Dallas family law attorney, call us at 214-432-2501. You can also reach us through our online contact form. We offer a 30-minute consultation for new clients. Serving clients throughout the entire Dallas-Fort Worth area. Our Dallas-Fort Worth grandparents’ rights lawyers serves clients from throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County and Hunt County. Contact our law firm for your initial consultation.

Grandparents’ Rights in Texas: What You Need to Know

In Texas, grandparents have limited but important rights when it comes to seeking visitation or custody of their grandchildren. While the primary focus of custody cases typically rests with the parents, there are situations where grandparents’ rights may come into play. If you’re a grandparent seeking to be more involved in your grandchild’s life, or if you’re a parent trying to prevent a grandparent from gaining visitation or custody, it’s important to understand Texas law and the circumstances under which grandparents can assert their rights.

In this article, we’ll explain whether grandparents have rights in Texas, the specific circumstances under which those rights apply, what the Texas Family Code says, evidence needed to support a case for grandparents’ rights, and the steps involved in pursuing such a case.

Do Grandparents Have Rights in Texas?

Yes, grandparents do have some legal rights in Texas, but these rights are limited and are not automatic. The state of Texas recognizes that grandparents can play an important role in the lives of their grandchildren, but the law generally prioritizes parental rights and the best interest of the child when determining visitation or custody.

Texas law allows grandparents to request visitation or custody under certain circumstances, but the courts are usually hesitant to interfere with a parent’s decision-making authority unless it’s absolutely necessary for the child’s well-being.

What Does the Texas Family Code Say?

The Texas Family Code outlines the circumstances under which grandparents can seek visitation or custody of their grandchildren. Here are the key factors:

1.Grandparent Visitation Rights

Grandparents in Texas can request visitation with their grandchildren if:

One or both parents are deceased.
The child’s parents are divorced.
The child’s parents are not married, and the child’s parent is incapacitated or has had their parental rights terminated.
The child’s parents are preventing contact between the child and the grandparent, and it’s in the child’s best interest for the grandparent to be involved in their life.

However, even under these circumstances, grandparents must prove that visitation is in the best interest of the child. The court will carefully consider whether visitation with the grandparent would be beneficial to the child’s emotional and psychological well-being.

2. Grandparent Custody Rights

Grandparents may also seek custody (known as “conservatorship” in Texas law) of their grandchildren, but this is a much more difficult process. A grandparent can petition for custody if:

Both parents are deceased.
The child’s parents are divorced, and the grandparent can show that the child’s physical or emotional well-being would be endangered if they remained in the care of the parents.
The grandparent has had significant involvement in the child’s life (such as providing care or financial support) and the grandparent is the best alternative caregiver if the parents are unable to care for the child.

In these cases, the grandparent must overcome the presumption that the child’s parents have the right to make decisions regarding the child’s care, including where the child lives.

What Circumstances Will a Court Consider in a Grandparent Visitation or Custody Case?

The Texas Family Code places significant weight on the best interests of the child in cases involving grandparents’ rights. However, the court must also take into consideration a variety of factors, including:

Parental Rights: Texas courts strongly favor parents’ rights to make decisions about their children. This includes the ability to decide who can have access to the child. Grandparents can only intervene if they can prove that it is in the child’s best interest to have visitation or live with them.
Parental Unfitness or Inability: Grandparents seeking custody must show that the child’s parents are either unfit or unable to care for the child. This might include cases of abuse, neglect, substance abuse, or incapacity.
Significant Relationship with the Child: Grandparents who have had a substantial relationship with the child may have an advantage in custody or visitation cases. Courts are more likely to grant visitation or custody if the grandparent has been a significant part of the child’s life (such as providing regular childcare or emotional support).
The Child’s Preference: While not always determinative, older children may be given the opportunity to express their preference for who they want to live with or visit. However, the court will still base its final decision on the overall best interests of the child.
Endangerment: In cases of custody, the court will consider whether the child’s safety, well-being, or development would be endangered if placed in the care of one or both parents.

What Evidence Can Help with This Type of Case?

If you are a grandparent seeking visitation or custody of your grandchild, the court will expect you to present evidence supporting your case. Here are some types of evidence that can be helpful:

Proof of Relationship: Documenting the relationship you have had with the child (e.g., photos, text messages, letters, or testimony from other family members) can help demonstrate that you have been actively involved in the child’s life.
Parental Unfitness: If you are seeking custody, you will need to provide evidence that the parents are unfit or unable to care for the child. This might include testimony or documentation regarding substance abuse, mental illness, abuse, or neglect.
Endangerment: Evidence showing that the child’s physical or emotional well-being is being endangered while in the care of the parents will be crucial.
Child’s Needs: Demonstrating that you can meet the child’s needs (including emotional, educational, and financial needs) will be an important factor in securing custody or visitation rights.

What Are the Steps for This Type of Case?

The steps to initiate a grandparent rights case will depend on whether you are seeking visitation or custody. Here is a general overview of the process:

Consult with an Attorney: Before proceeding, it’s highly recommended that grandparents consult with a family law attorney. An attorney can help evaluate your case and determine the best course of action based on your circumstances.
File a Petition: The first formal step is to file a petition with the court requesting visitation or custody. You must specify the legal basis for your request, which could include the death of the parents, divorce, or unfitness of the parents.
Serve the Parents: Once the petition is filed, you must formally notify the child’s parents, who will have the opportunity to respond to the petition.
Gather Evidence: Collect all relevant evidence that supports your case. This may include any documentation showing the relationship you have with the child, proof of parental unfitness, or any other relevant information that would support the child’s best interests.
Attend the Hearing: The court will schedule a hearing where both sides will present their evidence. The judge will assess the case and make a decision based on the child’s best interests.
Court Decision: After hearing all the evidence, the judge will issue a ruling on whether grandparents will be granted visitation or custody. If visitation is awarded, the court may also set a schedule for visits.

Final Thoughts on Grandparent’s Rights in Texas

While Texas law does offer grandparents’ rights under certain circumstances, these rights are limited and subject to the best interests of the child. If you are a grandparent seeking visitation or custody of your grandchild, it’s crucial to understand the legal hurdles involved and gather the necessary evidence to support your case.

At Shemesh Family Law, our Dallas-Fort Worth grandparents’ rights lawyers can guide you through the process of asserting your rights as a grandparent, whether you are seeking visitation or full custody of your grandchild. Our experienced team is here to help ensure that the best interests of the child remain the primary focus of any case.

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