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Do grandparents have legal rights about seeing

Do grandparents have legal...

Do grandparents have legal rights about seeing grandchildren?

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

Not by us as grandparents

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

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Answered in 10 minutes by:
4/13/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,851
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon, Yes, they do, in certain situations.

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 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. Also, a grandparent may not request visitation if the grandchild has been adopted by someone other than the child's step-parent.

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Customer reply replied 4 months ago
Who determines if visitation is in the childs best interest?

That would be the Judge. It is based on the arguments and evidence presented by the grandparents and balanced against the arguments and objections of the parent(s).

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Customer reply replied 4 months ago
that means I need to hire an attorney to communicate with the judge?

Yes, or you could proceed on your own. It starts with filing a motion with the court, for visitation and a hearing will be set and the parents can appear, to present their arguments. It is always in your best interest to retain legal counsel to represent you and help.

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Customer reply replied 4 months ago
of course everyone knows how to file a motion with the court and get a hearing set??

You can speak with the clerk of court in the family division and ask them if they have the forms to file to start the process. Once the motion is filed, this can then be set for hearing with the clerk or the judicial assistant of the Judge. There also may be local rules and requirements that need to be complied with prior to and the clerk can advise the person of those as well. I am not going to say that everyone knows how to do this but if someone is acting on their own behalf, they need to ask and learn the process or decide to retain an attorney.

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Customer reply replied 4 months ago
Thank You

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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