Houston Spanish-Speaking Grandparents' Rights Attorney

Many grandparents have concerns regarding the upbringing of their grandchildren. In order to pursue rights to conservatorship (custody) or grandparent access (visitation), a grandparent must meet very limited eligibility requirements. Ultimately, whether considering child custody after a divorce or evaluating if grandparent access should be granted, Texas family courts focus primarily on the needs and best interests of the children. A parent or grandparent who puts the child's interests first will have an advantage in achieving the desired result in court.

A family law attorney with over 25 years of legal experience, Terry L. Hart provides informative legal advice and effective legal counsel to clients in Houston. He represents grandparents seeking rights to visitation (grandparent access) or other grandparent rights. Additionally, he serves parents who object to grandparents' pursuit of visitation rights.

Understanding Grandparent Rights Under Texas Laws

Texas grandparent laws are evolving and becoming more complex and restrictive. Mr. Hart endeavors to explain the laws to clients in a manner that is clear and relates to their specific situation. Family courts only allow grandparents to petition for rights in specific situations:

• Grandparent visitation rights (right to grandparent access): When a grandparent and grandchild have had a prior relationship, it is usually in the child's best interests to continue and protect that relationship. If the grandparent's child (parent of the minor child) has been incarcerated, dies, has had his or her parental rights terminated or is incapable of providing a safe and stable home due to chemical dependency, abuse or neglect, the grandparent may be eligible to petition for grandparent access (visitation).
• Primary custody (managing conservatorship): Although rare, there are situations where the court will consider awarding a grandparent primary custody. Most situations, such as where the minor child's parent is in active duty military or is incarcerated, the court will award temporary custody to the grandparents.
• Adoption and foster care: When the involvement of Child Protective Services requires out-of-home placement of the child due to the abuse, neglect, dependency or incompetency of the parent, the court may consider relative foster care provided by the grandparents. If the biological parent's parental rights are terminated, the grandparent may choose to adopt the minor child.

Grandparent Rights in Child Custody and Visitation Cases

Grandparents may file an independent petition for grandparent access (grandparent visitation rights) and successfully obtain visitation rights by demonstrating that denial of grandparent access would significantly impair the grandchild's well being. Grandparents may also file an intervention in existing child custody cases in order to be listed as a party to the case for consideration of grandparent access rights. When a minor child has resided with the grandparent for at least six months of the prior 24 months, the court may consider awarding custody to the grandparent if it is in the best interests of the child.

Court involvement to secure a grandparent's right to visitation or child custody can be intensely emotional. Mr. Hart recognizes the dynamics of delicate family issues. At the same time, he is capable of looking at the matter objectively in order to identify a practical solution that suits the child's needs as well as his client's.

Contact Terry Hart to discuss your legal questions. Se habla español.