When Do Grandparents Receive Custody Rights?

Grandparents and grandchildren often develop close bonds. In many cases, children live with and are raised by grandparents. When a death, divorce or separation threatens grandparents’ relationships with their grandchildren, legal action may be required.

At the law office of Terry L. Hart, Attorney at Law, Mr. Hart helps grandparents throughout Houston, Katy, the Galleria area and the surrounding communities petition the court for custody, possession or visitation rights to preserve their relationships with the grandchildren they love.

Helping Grandparents Maintain Relationships with Their Grandchildren

As a grandparent, it can be difficult to obtain custody of your grandchildren. In Texas, grandparents generally must prove the parents are unfit, or that the mental, physical or emotional health and well-being of the grandchild will be jeopardized by living with his or her parent. If a court finds parents are a danger to their children, grandparents may be awarded custody of their grandchildren.

Attorney Terry Hart understands the strong bonds grandparents develop with their grandchildren. When parents refuse to allow grandparents access to the children they love, it is often the grandchildren who suffer. In appropriate cases, Mr. Hart works hard to help grandparents petition the court for time with their grandchildren or obtain custody of grandchildren when parents are deceased or unfit.

Can Grandparents Request Visitation Rights in Texas?

Yes, but only under limited circumstances.

If parents are living, grandparents ordinarily do not have the right to ask courts for custody or visitation. However, grandparents may file suit for possession or access if they can demonstrate that denial of possession or access to the grandchild would significantly impair the child’s physical health or emotional well-being, and at least one parent’s rights have not been terminated. However, grandparents may only do so if their child (the grandchild’s parent) is dead, has been in jail for three months, is incompetent, or does not have court-ordered possession rights.

Contact A Houston Grandparents’ Rights Lawyer

If your grandchild lives with you, you may be able to petition the court for custody. Contact the law office of Terry L. Hart today. Mr. Hart can be reached at 713-581-1773 or toll free at 877-576-7390.