While divorce separates two couples and breaks down a family, other ties hold them together. The parents can always share custody or adhere to other setups agreed to in court. However, that is not always the case with other family members.
Grandparents cannot forget their grandkids whatsoever. In most cases, grandparents want to spend time with their grandkids. More so when they want to help the child. Here is a breakdown of your rights as a grandparent from child custody attorneys Fort Worth TX.
Grandparent’s visitation rights
The Texas law does not prevent the grandparents a chance to visit their grandchildren. However, parents are far more important than the grandparents. A grandparent can still claim their right through legal means. You must first serve both parents or anyone with custody a petition file for visitation rights. The case goes to mediation. If the mediation does not work, the mediator will present the case in court.
A judge presumes that one of the parents does not want the grandparent around the child. However, the grandparents can prove otherwise in court.
The court considers the many reasons to allow the grandparent to see their grandchild. If the parent is proven to be one of the following;
- Is incompetent of handling the child’s needs
- has been in jail or incarcerated for over three months
- Does not have any ordered visitation with the court
A lawyer, can help you make a strong case. The judge will consider the matter and make a ruling. If the child is 14 and older, they get a chance to voice their opinion. If you have an existing relationship with the child, the court will likely rule in your favor.
When the parents pass on, the judge can grant visitation rights to the grandparents and any other relatives known to the child, particularly siblings and parents. The court first will consider a pre-existing relationship with the family.
In case of an adoption
A grandparent can only claim visitation rights under one circumstance. If a stepparent adopts the child, then they can claim visitation rights. However, if a stranger adopts the child, the grandparents cannot access the child.
If you want custody of your grandchild, you must prove that the parent is unfit and the current environment is harmful to the child. Otherwise, the court rarely grants grandparents child custody.
If you have any pending questions, book an appointment with child custody attorneys Fort Worth TX. We will give you all the advice you need and help you take the necessary steps.