Grandparents Rights Attorney in Tomball
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Know Your Rights as Grandparents
Divorces often affect more than just the relationship between former spouses. It can also have an impact on the families of both parties, in particular the grandparents of the children. It’s not unheard of for grandparents to spend a lot of time with their grandkids. Grandparents are also a source of support for children outside of their parents, and it’s not unusual for them to care for their grandchildren while the parents are away.
While there are some cases where they might be granted visitation, grandparents in Texas don’t have an absolute, constitutional right to their grandchildren. The parents are the foremost people with that right. It may not seem fair, but parents can decide to keep their children away from their grandparents if that’s what they want to do. However, there are certain exceptions that the court will consider, which may give grandparents a window of opportunity to pursue custody of their grandchildren.
How Grandparents Can Become Guardians in Tomball
In Texas, the court will hear the grandparents’ case if a parent is incompetent, incarcerated, or deceased. In such situations, the children’s grandparents could argue that contact is in the child’s best interest, as they can serve as a positive adult influence.
Other instances where grandparents could have the right to their grandchildren include divorce and child abuse. Additionally, if the court has legally terminated the parent-child relationship, the grandparents might be able to step in and fill that role.
The parent-child relationship can be terminated for various reasons. The court may take this action if the child is orphaned, part of a protection case, or if the parents have voluntarily relinquished their parental rights.
Grandparents can also sue for custody of their grandchildren if they believe the parents are unable to support the child or if the child has been living with them for at least six months. Once grandparents do have custody, they can then sue the parents for child support.
In cases where a child is orphaned, grandparents cannot have the right to sue for access to their grandkids once a third party has adopted them. By that point, the child is legally considered a member of the other family.
Get Legal Help Now
Grandparents’ rights are not always clear-cut, and they’re often limited. The court wishes to protect the parents’ rights, but it also wants what is best for the children if the parents are unable to provide for them. If you’re a grandparent who has been denied access to your grandchildren, we can understand the emotions you may be feeling. Depending on the situation and your reasons, you might be able to take legal action. If you’re in Tomball, Katy, Sugar Land, or Houston, Eaton Family Law Group can help you today. Contact us at 281-789-0064 or send us a message.