Ok this might be a little long but here goes. I have a brother who had a lot of trouble getting to see his 2 year old daughter, the mother is making it this way because he had problems with drugs and his arrest history is really hurting him too. He was in jail when she was born and has now just went back last week. Before he went back to jail he was allowed supervised visits for 2 hours every other saturday, this went on for maybe a year. My parents got to go to these visits as well and now would like to see her but the mother won't allow it. I guess my question is what would likely happen if my parents took her to court. They don't really have money for lawyer and would like to work somethin out with her but she will not have any communication with them. My parents are really good people and the most caring and giving people i know. I understand her issues with my brother and she has right to be but not with my parents. If she will not talk to them or allow visits, what would be the process in court and approximately how long could it take to settle there? My parents are dying to see her and i'm concerned about there health because they stress so much. Of course my brother feels same way! sorry so long
Thank you for your question. In which state is this occurring?
Thank you. Could you describe the relationship between your parents and your niece?
they went to every visit with my brother but maybe 1 and she really likes them calls them papaw and nanna. guess normal without the supervised visit thing of course
How many times have they visited with her in the last year?
Just an estimate would suffice.
When was the last time they visited with her?
fathers day weekend
Well, Texas does permit grandparents visitation rights under certain circumstances. Where the parents are unmarried and where one parent is incarcerated, the courts will generally permit the grandparents visitation rights if it is in the best interests of the child.
do you have any idea how long the court process would take?
It can take as few as six weeks.
if it were in best interest of child what kind of visitation is common?
Whatever level of visitation is best for the child, so it will vary from case to case. However, most two-year olds are not ready to spend "overnight" with their grandparents, so one afternoon per week is pretty normal until the child gets a bit older.
Does that make sense?
Very good. I am not sure if you needed clarification about anything else and I want to be sure that you received all of your answers. Did you have any other questions?
no thats all i have, thanks again
Attorney experienced in all aspects of family law
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