Grandparents' and Non-Parents' Rights
When parents divorce or split up, the grandparents and other relatives sometimes find themselves cut off from their grandchildren. Even when parents are together, they may decide not to grant access to Grandma and Grandpa.
Texas law does not recognize grandparents' rights as such, and a landmark decision by the U.S. Supreme Court in 2000 further undermined their legal standing to sue for visitation or custody. However, Texas courts have interpreted the ruling as allowing grandparents and other non-parents to maintain access in certain scenarios.
If you are not being allowed to see the grandchildren who have been such a big part of your life, contact the Houston family law attorneys of Bill De La Garza & Associates, P.C. We are sympathetic to your plight and will exhaust your legal recourses to be able to spend time with your grandkids again.
Texas Grandparent Visitation Lawyers
A typical scenario we see is a divorced or widowed mother who gets primary custody or sole custody, then proceeds to cut grandparents and other family out of the picture, especially those from the father's side. Unfortunately, the Supreme Court ruled that parents are within their rights to grant or refuse access to whomever they wish.
But there are loopholes based on interpretation of the Supreme Court decision by courts of Texas. You may have standing to petition for visitation or custody of a grandchild if:
- The parent previously allowed visitation or you provided day care.
- The child lived with you for a time because the parents were absent or unfit.
- The child's welfare is in danger because of the custodial parent's addiction, mental illness, abuse/neglect or domestic violence in the home.
Trial lawyer Bill De La Garza, Board Certified, Family Law - Texas Board of Legal Specialization has 35 years of experience. If he can't find an avenue to reconnect you to your beloved grandkids, then likely no one can. He works to convince the court that you have standing under the established thresholds:
— In a suit for visitation, we can argue that the child (grandchild) would be harmed by discontinuing an existing relationship with Grandma and Grandpa.
— In a suit for custody, we would present evidence that the parent(s) are not fit for the reasons listed above.
| We have also represented parents who have a legitimate reason to resist grandparent visitation, such as past sexual abuse or past interference with custody rights. |
Houston Grandparents Rights Attorneys
Our legal team will always and only serve the best interests of the boys and girls at the center of these conflicts, whether that means a healthy relationship with their grandparents or eliminating a threat to the child's welfare.
Call us at 888-707-0064 or e-mail us to discuss your situation.
