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How hard is it to sue for grandparents visitation rights in

How hard is it to...
How hard is it to sue for grandparents visitation right's in Texas?
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Answered in 5 minutes by:
12/1/2010
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,538
Experience: Attorney with 17 years experience
Verified

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

 

 

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Customer reply replied 7 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.

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
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,538
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 7 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?

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
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,538
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 39,538
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