Grandparents are an integral part of a happy, healthy family, passing their wisdom to their children, who can apply it on their own. They connect generations in many positive ways and offer unconditional love and stability. Unfortunately, when parents get a divorce, grandparents are often shunned by a custodial parent cutting ties with the past. At this point, a skilled family attorney may need to get involved.

If you are a grandparent seeking access to your grandchild, there may be deeper reasons than estrangement from your former in-law. You may suspect neglect and be concerned for the child’s physical or emotional welfare. Whatever the situation,  when you are having trouble accessing your grandchildren for any reason, a Frisco grandparents’ rights lawyer could explain how Texas law gives you options.

Taking Legal Action To Gain Access to Grandchildren

When one parent of a child agrees, grandparents can be given access to them even if the other parent protests. Visits must occur when the consenting parent is caring for the child, such as during visitation after a divorce or if the parent has primary custody.

If both parents deny grandparents’ access to their grandchildren, a legal action called a Suit Affecting the Parent Child Relationship (SAPCR) could be appropriate. The determining factor always boils down to what is best for the children, but the court can grant access or custody to grandparents if certain conditions are met. According to the Texas Family Code § 153.433   grandparents must show, as applicable:

  • At least one parent still maintains parental rights
  • The grandparent is the parent of one of the child’s parents
  • That parent does not have possession or access to the child
  • That parent is dead or has been deemed incompetent by the court
  • That parent is not acting in the child’s best interest and denying access to the grandparents will make it worse
  • That parent has been in jail or prison for at least three months when the grandparents file the SAPCR petition

Although Texas encourages participation by both parents in raising their children, whether they were never married or are divorcing, the laws also defer to grandparents interceding to seek custody when necessary. Talk to a Frisco grandparents’ rights attorney to explore all options.

Grandparents Seeking Custody

Grandparents have a good chance of modifying a conservatorship order by seeking custody under similar conditions to those outlined in SAPCR. The Texas Family Code § 102.004 allows courts to grant custody to grandparents if they are parents of one of the child’s parents and if the child’s welfare is compromised. Such scenarios include one or both parents being addicted to drugs and neglecting the child.

Courts look favorably upon grandparents who have been caring for grandchildren in their own homes for at least six months due to the birth parents’ instability. This instability may be the result of an acrimonious divorce, addiction issues, or various forms of neglect or abuse. Grandparents can argue that the peace and stability should be extended, especially if the parents’ situation has not changed. A Frisco grandparents’ rights attorney could offer more guidance on how to prove grandparents have created the best possible environment for a child.

Call a Frisco Grandparents’ Rights Attorney for Assistance

Your grandchildren need you. If you suspect their parents are denying you access to them due to neglect, abuse, or simply out of spite, you may have legal options available to help remedy the situation.

Contact a Frisco grandparents’ rights lawyer today to begin reviewing your information with a trusted advocate.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson