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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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Grandchildren are denied grandparent access by daughter over

Customer Question

Grandchildren are denied grandparent access by daughter over her unacceptable treatment of her older sister and her mother. Children have cried to visit grandma, and one grandchild was hearing his dad be terribly rude to his grandma at a community pool.
Is there a "law" which permits grandchildren to see extended family if they are being harmed emotionally?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what state the children reside in?

Customer: replied 1 year ago.
Texas. We all live 2 blocks from each other. I have been a big part of their lives from birth until 2 yrs. ago.
Customer: replied 1 year ago.
The daughter is the youngest and has received the most support and attention growing up. Began showing a distant attitude approx. 2 yrs. ago. Has made both children almost paranoid and afraid to say what they think in fear of what mommy would might be mad at them for expressing themselves.
Expert:  ScottyMacEsq replied 1 year ago.

Understood. It's sad that the children have to go through this heavy handed behavior from the mother...I cannot imagine how any parent could keep a grandchild away from his/her grandparent, and I will do what I can to assist.

In Texas, a court can authorize grandparent visitation of a grandchild if visitation is in the child's best interest, and one of the following circumstances exists:

  • The parents are 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.


Visitation statutes do not give a grandparent an absolute right to visitation, but only if one of these factors exists. Also, a grandparent may not request visitation if the grandchild has been adopted by someone other than the child's step-parent. Now that being said, if the mother is not giving you access to the child, then you're going to have to file suit for visitation.

"Emotional harm" is a legal determination for the court to make. It's possible that it could rise to the level of emotional harm that the judge may act to give visitation rights, but ultimately that's a matter for the specific judge in the area where the children reside, and as judges vary from district to district and even court to court, I can't begin to give you an idea about the strength or weakness of your case given where the case would be filed.

That being said, you need to contact an attorney in the city of the child that deals with custody / visitation cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Hello?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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