How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24273
Experience:  Attorney with 14 years experience
19958803
Type Your Family Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

How hard is it to sue for grandparents visitation rights in

Resolved Question:

How hard is it to sue for grandparents visitation right's in Texas?
Submitted: 3 years ago.
Category: Family Law
Expert:  Barrister replied 3 years ago.

Hello,

 

Is the grandparent's child deceased, incarcerated, or does not have custody of the grandchild?

 

Or is the child simply denying the grandparent visitation rights?

.

 

Thanks

Barrister

 

 

Customer: replied 3 years ago.

My daughter has four children. 3 of the children are from her husband. Her 3rd child is from another father from when she separated from her husband. She and her husband have been married for around 9 years. He has not worked for most of that time. He is a pain pill addict, that I know of. He has another daughter from a prior marriage that he does not see.

 

They live with my mother and father, who support them. They used to let me have the children on weekends on a regular basis. Then the father, Tully, got it in his head that I was talking about him to the children. I would never do that as I love my grandchildren and I know that they will have a whole lot of heart-ache when they figure out what their dad is. I raised my daughter as a single mother. I never trashed her father to her, because that would have hurt her. However, I have heard him trash my mother in front of the children and I have no doubt that he trashes me in front of the children.

 

The result of this is that I am no longer able to see my grandchildren without their parents. That means that whenever they come to visit, it is all about their Daddy. When they used to come, we went to Chuck E. Cheese, the park, and did things that children like to do. My grandchildren are 6 months, 2, 4, and 5. Now they never get away from their parents, the yelling, the problems, etc. We took them to SeaWorld, paid for an extra room for the parents, and then had to put up with the Dad coming down from his drugs the next day. The night before he was high and yelling in the restaurant.

 

We took them to Dallas to the State Fair. We booked rooms at the Anatole. At the Fair, he literally collapsed on the Midway, because he was withdrawing from his drugs. By the time we got to the hotel, he felt well enough to embarrass me by yelling Yahoo! all the way through the hotel lobby.

 

I feel that we should no longer be blackmailed into providing vacations for the parents, who do not want to provide for their children. However, I do not feel that the children should be made to pay the price.

 

By the way, this last weekend, when we were there for Thanksgiving, we were celebrating the 2 year olds birthday. My daughter was sick, but the son-in-law stayed in bed all day with her. My mom cooked the meal, I watched the children and baked the cake.

 

The next morning, I woke up, hearing the baby crying. My daughter was sleeping through it, but he was awake and ignoring it. I got up and went and got the baby.

 

They have been turned into CPS on more than one occasion, but since they live with my mother, and she was a teacher in the town they live in, they get a pass. I even turned them into APS when he hit my mother, but she protected him and lied about it. She is afraid of what would happen to the children if they moved out.

Expert:  Barrister replied 3 years ago.

Ok, I hate to give bad news in a situation like this, but under TX law, unless the grandchild's parent is deceased, incarcerated, incompetent, or has had their parental rights terminated, then the court will not issue an order allowing the grandparent to have access/visitation to the grandchild.

.

.

Texas Family Code

Sec. 153.433. POSSESSION OF OR ACCESS TO GRANDCHILD. (a) The court may order reasonable possession of or access to a grandchild by a grandparent if:

(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated;

(2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and

(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:

(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

(B) has been found by a court to be incompetent;

(C) is dead; or

(D) does not have actual or court-ordered possession of or access to the child.

(b) An order granting possession of or access to a child by a grandparent that is rendered over a parent's objections must state, with specificity that:

(1) at the time the relief was requested, at least one biological or adoptive parent of the child had not had that parent's parental rights terminated;

(2) the grandparent requesting possession of or access to the child has overcome the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that the denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and

(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:

(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

(B) has been found by a court to be incompetent;

(C) is dead; or

(D) does not have actual or court-ordered possession of or access to the child.

 

.

I know this is not the news you had hoped for.

.

.

thanks

Barrister

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24273
Experience: Attorney with 14 years experience
Barrister and 10 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
How about the 3rd child? Under 3(D) above, if one of the parents does not have access to the child, is that not a loophole?
Expert:  Barrister replied 3 years ago.

If daughter does not have custody or legal visitation for the 3rd child, then that could be a loophole that may apply to that child only. So if the father has the child or someone else does, you could file to seek visitation for that particular child.

.

.

thanks

Barrister

 

 

Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24273
Experience: Attorney with 14 years experience
Barrister and 10 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Barrister
Barrister
Family Lawyer
24273 Satisfied Customers
Attorney with 14 years experience