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My son is incarcerated in a Texas state prison. His ex-wife…

My son is incarcerated...

My son is incarcerated in a Texas state prison. His ex-wife is attempting to get my granddaughter adopted by her new husband. We have not been allowed to see her in over 2 years even though we have repeatedly tried. Do my wife and I have any rights as grandparents to see our granddaughter? Please help as we love her and miss her so much.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in TX family court?

My son received papers in jail yesterday stating that they will attempt to get her adopted. It is from Atascosa County.

Lawyer's Assistant: Have they talked to a lawyer about this yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just want to know what we as LEGAL grandparents can do if anything.

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Answered in 3 hours by:
3/24/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 970
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Have you spoken to any attorney or been to Court on this issue?

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Customer reply replied 4 months ago
no

If there is no Court order on this issue, then there is an avenue that you can pursue that takes advantage of the law in Texas that supports grandparents rights. It if a parent has been incarcerated, in this case your son from whom you would normally look to to see your granddaughter, you would be able to seek visitation or perhaps even custody although custody is more difficult to obtain for grandparents as you would have to likely prove the mother unfit.

I have attached a link to the Texas Attorney General's Office addressing this right. The link is here. There are a number of resources listed on the page that will direct you to folks in Texas who can provide the help you need.

A couple of other points. You must take the initial steps as the Court is not obligated to contact you and nothing will happen automatically. It will also likely require you to hire a lawyer to fight for your rights to your granddaughter. You also need to do something immediately. The reason I say this is that if an adoption goes through, that will forever sever any rights you may have to your granddaughter. The course for you is to become involved in the adoption suit and if you do this, there is a very good chance you will receive ordered rights to your granddaughter, but if unless you take those steps and an adoption goes through there may likely be nothing further you could do.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 970
Experience: Family Law Attorney in Private Law Firm
Verified
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