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Understanding grandparents’ rights to custody in Texas

Grandparents are important figures in the lives of their grandchildren. In some cases, though, a parent may wish to keep his or her child’s grandparents from seeing their grandkids. Is there anything that can be done so that grandparents may have visitation — or in some cases, custody of their grandchildren?

In Texas, grandparents do have some rights when it comes to custody or visitation. In order for the court to consider visitation, it must be in the best interest of the child and one or more of the more following must exist:

— The parent neglected or abused the child.

— The child’s parents are divorced.

— The parent-child relationship was terminated by the court.

— The parent has died, is deemed incompetent or is incarcerated.

— The child has been living with the grandparents for a minimum of six months.

In Texas, there is no guarantee that grandparents will receive visitation or custody. These are complicated cases in which the court will determine the best interest of the child.

At Laura Dale & Associates, we have extensive experience in grandparents’ rights cases, especially in cases that may include substance abuse or mental illness. We certainly understand the effects of such problems on children. We want to help you protect your grandchildren and show the court that the best interest of the child is for you to have visitation or custody of the child.

As a grandparent seeking visitation or custody, you will need to prove to the court that not being in your grandchild’s life will have a significant negative effect on him or her. We can help the court understand why it is important to the child to have his or her grandparents as part of his or her life.

To learn more, please take a look at our grandparents’ rights webpage and then give us a call to discuss your case.