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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Can my mother take us to court for visitation rights and win.

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Can my mother take us to court for visitation rights and win. My mother is hypercritical of me, my wife, and our kids. She has recently done some potentially hurtful things to our marrige. I have talked with her multiple times and she will not respect our boundries. She comes into our house and insults both of us. We do not want to use our kids as pawns but we want to restrict visitation and if things continue to stop visitation all together. My mother says she will take us to court and be ordered to allow visitation. Is this true? Can this happen? My mother is a leutenant for the police dept. in our small town.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Have any of your children lived with your mother for a period of 6 months or more? Are there any allegations that you have abused or neglected your children?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

No, they have never lived with her at all. In fact she has spent very little time with them in comparison to the other set of grandparents.


No there have never been any allegations of any abuse, neglect or any other damaging things our kids.

I see. Thank you for clarifying the situation for me, Stephen.

Unlike parents who have constitutionally protected rights to their children, grandparents have no such rights, but can seek visitation under limited circumstances including instances where:

  • The parents divorced;
  • The parent abused or neglected the child;
  • The parent has been incarcerated, found incompetent, or died;
  • A court-order terminated the parent-child relationship; or
  • The child has lived with the grandparent for at least six months.

It does not appear that any of these circumstances apply in your situation, so your decision for your children not to have contact with your mother would typically be honored by the courts.


Even if one of the circumstances applied, the grandparent would still typically be required to prove that visitation would be in the best interests of the children before visitation may be granted.


Here is a link which summarizes the law on this issue in TX:




I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!




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