Angleton Grandparent Custody & Visitation Rights Lawyer
Professional and Aggressive Trial Attorney
Grandparents are a important part of a child’s life but issues may arise that diminish that role. The right of parents to rear and raise their own children is fundamental right, and Texas courts will not interfere with the parent-child relationship unless certain situations occur. When parents divorce, removal of a child by Child Protective Services or adoption by a stepparent are some of the situations that may affect the relationship of the child with the grandparent.
Under Texas law, a grandparent can petition the court to establish visitation rights with a grandchild or to modify an existing visitation order under certain circumstances. The grandparent may file suit for possession or access. A affidavit setting forth facts that over comes the presumption that a parent acts in the best interest of the child by proving that a denial of grandparent visitation would significantly impair the child’s physical health or emotional well-being; the grandparent seeking visitation is the parent of the child’s parent, and either the child’s parent has been incarcerated in jail for at least 3 months, has been declared mentally incompetent by a court, has died, or does not have actual or court-ordered visitation with the child.
What Rights do Grandparents have in Texas?
A grandparent may also intervene into an existing suit requesting visitation rights (possessory conservatorship) if there is satisfactory proof to the court that the appointment of a sole managing conservator or both parents as joint managing conservators would significantly impair the child’s physical health or emotional development. This type of intervention is often used when Child Protective Services is seeking to terminate parental rights.
A grandparent has standing to file suit for custody of a grandchild if there is satisfactory proof to the court that the child’s present circumstances would significantly impair the child’s physical health or mental safety or one or both parents have consented to a change in custody.
A grandparent also may file suit if the child has lived with the grandparents, who have had actual custody, care and control, for at least six months ending not more than 90 days preceding the filing of the suit. Custody, care and control requires the actual exercise of the duties of a parent.
Contact The Law Office of Mark B. Jones Today
If you have legal questions or concerns about grandparents’ custody or visitation rights in Texas, consult an experienced attorney for legal guidance in your case. Whether you are a grandparent seeking visitation rights or wondering about your input in an existing custody battle, our firm has the legal knowledge and professional experience to help you litigate your custody and visitation case. Attorney Mark B. Jones will work with you to identify a visitation schedule that is in the best interests of your grandchildren and that provides you with a meaningful opportunity to participate in their lives. More importantly, if your grandchildren are at risk, whether because of violence or domestic abuse in the home or other dangerous activity (such as drug or alcohol abuse), our firm will help you seek temporary or permanent custody in your grandchild’s best interests.
Set up a free consultation with The Law Office of Mark B. Jones to learn more. Call (979) 200-6658 or contact us online today. Attorney Mark B. Jones is a Martindale-Hubbell BV-rated attorney who can help.