Grandparents Rights Plano
The laws governing grandparents’ rights in Texas are restrictive. They seek to reaffirm that parents possess the fundamental constitutional rights to raise their children in a manner they please, and that the state must not interfere except in extraordinary circumstances.
Nonetheless that shouldn’t demotivate you against pursuing access to or custody of your grandchildren. Brian Andrade can take you through your legal options, and help you get more involved in your grandchildren’s lives and future.
What are grandparents' visitation rights dependent on?
You don’t have automatic visitation rights on account of being a grandparent. Visitation may be granted in certain circumstances, such as when the grandchild’s parent is deceased or his/her; if a parent is incarcerated; or if the grandchildren are in immediate danger owing to abuse, alcohol or drugs. A grandparents rights Plano attorney can investigate these issues to embark on the most appropriate course of legal action.
If you’re trying to obtain custody of your grandchildren, the burden of proof falls on you to establish standing and prove that the relief you seek is in the children’s best interest.
- The general standing statute of the Texas Family Code offers a list of circumstances in which a grandparent may file a suit seeking custody. One of the sections pertains to a grandparent or grandparents who have had possession of and primarily raised their Grandkids. The section allows a suit for custody to be filed by anyone who has been in possession of and cared for the child for at least six months ending not more than 90 days preceding the date of filing the petition.
- If the general standing statute does not apply to you, you can file a suit for conservatorship under the significant impairment statute. Here, you will need to prove that the children’s parents are unfit to raise them, and that their present circumstances can adversely affect their children’s physical health or emotional development.
- The possession and access statute offers recourse when you want to file a suit for the purpose of access or possession. Here, you will need to prove that denial of access to or possession of the child would significantly impair the child’s physical and emotional well-being.
As an accomplished grandparents rights Plano attorney, I counsel you on the merits of your specific situation. Rest assured that I am equally invested in ensuring the best interest of your grandchildren, and fight aggressively to help you obtain conservatorship.
