If your child is getting a divorce, you are aware of the chaos that may soon ensue and how it may affect the relationship you have with your grandchildren. As such, you may be a little concerned about your rights as a grandparent and whether or not you can remain their lives even in the midst of all this uncertainty. Although grandparents do not have a Constitutional right to visit or have contact with their grandchildren, it is possible to pursue a court order that will allow visitation.
Obtaining a Court Order
Generally, if a parent approves, grandparents may visit their grandchildren at any time. However, if parents impose restrictions or do not allow visitation, you can try to obtain a court order that will permit visitation. It is likely you will encounter some obstacles during this process, and we will do everything we can to help you get past them.
In Texas, courts have heard such cases under a handful of circumstances:
- A parent is incarcerated
- A parent is deceased
- A parent is deemed mentally incompetent by the court
- A parent is not currently living with the child
There are many other circumstances though when a court may consider such a request. Contact us, we would be happy to discuss the particular facts of your case and offer our suggestion for the best course of action.
If your case is heard by the court, a judge will determine if visitation serves the best interests of the child and if one of the following circumstances exists:
- The parents of the child are divorced
- The parents neglect or abuse the child
- The parent is found incompetent, is incarcerated, or died
- The child lived with you for at least six months
- The court terminated the rights of one or both parents
If you are seeking custody of your grandchildren, that is a different and much more challenging process. Call us. We would be happy to discuss your particular situation to see if termination of parental rights may provide an opportunity to change conservatorship.
Regardless of what avenue you choose to pursue, it is crucial to hire an experienced family law attorney to ensure you receive the best possible results for your case. The lawyers at B&T have handled literally hundreds of similar cases. Let our experience go to work for you.
Schedule a Consultation with a Knowledgeable Member of Our Family Law Team!
Maintaining a connection with your grandchildren is important and, unfortunately, if their parents are restricting or preventing you from being in contact with them, you may have to take the matter to court. At Blanchard & Thomas, LLP, our experienced and knowledgeable family law attorneys can help you navigate the process of petitioning the court for visitation if necessary, and we can also help you pursue custody rights to your grandchildren if the right situation arises. More importantly, they will do so compassionately and with a keen awareness of the personal side of your request. We know how much you care about your grandchildren and will do what we can to protect their best interests. Backed by a proven history of zealous advocacy, you can rely on our law firm to provide the support you need during this difficult time for you and your family.
Contact our law office today at (866) 251-0624 to set up an initial consultation with a trusted member of our family law team.