Laura Dale & Associates, P.C.
Se Habla Español Nous Parlons Français
Call 713-574-7952 or 888-572-6059

Grandparents getting custody, even visitation, not a given

Regular readers of this blog will recall that blood links to a child don't necessarily mean that grandparents will get custody of that child if both parents should happen to die. We wrote about this not long ago.

As we noted then, while tradition and perhaps common sense might lead some to conclude grandparents should be the default choice when deciding where an orphaned child should be placed, that's not always the way it works. The law provides a road map for the courts on how to rank relations in making decisions about child custody and visitation where grandparents are concerned.

Just as there is no guarantee of custodial rights for grandparents, there is no statutory guarantee of visitation rights. Rather, it's the job of the courts to determine whether granting visitation to grandparents would be in the best interests of a child.

That is the standard if formal and structured visitation rights are sought. However, it might not be necessary to go to court in every situation. If you are the parents of divorcing parents and you have good relations with one or both of them, that may be all the foundation that's required for grandparent visitation.

If just one parent grants permission, visits with the grandchildren could be possible at any time. In one scenario, one parent might have primary custody of the child and the other might have visitations on some set schedule. Even if the child is with the second parent, that adult can give the grandparents permission to visit and it should be OK.

That said, any permission granted by either parent doesn't override the custody rules set down by the court and grandparents have an obligation to honor those provisions. Where questions might exist, parents and grandparents should seek the input of an experienced family law attorney.

No Comments

Leave a comment
Comment Information

Client Testimonials

  1. Laura Dale the best Family Law attorney I have ever met... Posted by John...Listens, takes your calls, tells you the truth (even when it may not be what you want to hear)... Read More

  2. The Best...Posted by a Child Custody client... Laura Dale handled my international child custody and divorce matter. I am an attorney in Houston and was referred to her... Read More

  3. A Meticulous, Knowledgeable, Attorney with Heart...Posted by a Child Custody client... Laura was not the first attorney that my husband and I interviewed for an extremely complex... Read More

  4. Top Notch, Hands Down - The Best...Posted by Tammi, a Child Custody client... Laura Dale has been absolutely the best attorney I could have found for my difficult child custody... Read More

Contact Our Experienced Team Today | Se habla español | Nous parlons français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Login to Client Portal

Laura Dale & Associates, P.C.
1800 Saint James Place
Suite 620
Houston, TX 77056

Fax: 713-600-1718
Houston Law Office Map