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Grandparents And Divorce
Most people have wonderful memories of spending time with their grandparents. Grandparents add fun and value to their grandchildren’s lives and provide sources of support outside the realm of the child’s parents. This bond can be essential and meaningful for both grandparents and grandchildren. More often than not, a divorce will not impact the relationship between the grandparent and their grandchildren, but if it does, grandparents may sue for visitation rights or custody of the child.
The United States Supreme Court determined that grandparents do not have a constitutional right to their grandchildren because it is the parents’ right. If parents don’t want their grandchildren to have access to their children, they can determine that. The Texas courts want to protect the rights of the parents to determine what they believe is best for their child, which sometimes leaves grandparents without the right to see their grandchildren.
Grandparents Can Gain Custody in Houston
If a parent is incompetent, in jail, or deceased, a grandparent can win visitation rights or custody of their grandchildren. They may also gain rights if the parent-child relationship is terminated or if the child is abused. The decision is based on the child’s best interest. A parent-child relationship may end if there is a child protection case, the child has been orphaned, or the parents have given up their parental rights.
However, if a third party adopts a child, the grandparents cannot sue to see the child. This is why it’s important to understand the best strategy for custody, if you are living in the Houston area or Tomball, seek an attorney. Grandparents can sue if they believe their grandchild is not being cared for by the parent or if the grandchild has lived with them for at least six months. If granted custody, they have the right to sue parents for child support.
The rights of grandparents are not always clear. A child custody attorney can help.
If grandparents believe that the parents aren’t fully capable of taking care of and providing a stable living situation for the children, they can step in and sue for some rights to their grandchildren. With the help of an attorney for child custody, the grandparents could get their grandchildren out of that situation if it isn’t in the child’s best interest. This is especially true if they can provide a better home for their grandchildren than the parents give them. If you are denied access to your grandchildren, it can feel disappointing and disheartening. However, depending on the situation, you may have legal recourse
If you think it is in the best interest of your grandchildren to have a relationship with you, and any of the above applies, you should contact the family law attorneys at Eaton Family Law Firm. We have helped Houston families navigate difficult family law situations and do what’s best for the children for years. If you’re looking to gain custody or visitation of your grandchildren, give us a call.
