One of the greatest joys of being a parent is becoming a grandparent and spending time with your grandchildren. Unfortunately, not all grandparents have the opportunity to establish bonds with their grandchildren, whether it be because they live far away or due to disagreements with the child’s parents. Although grandparents have certain rights and protections, they do not have the same rights as a child’s biological or adoptive parents.
Understanding what rights grandparents have can be challenging, making it important to work with a skilled grandparents’ rights attorney. During an initial consultation, our team at Towson Law Firm, PLLC could explain some common grandparents’ rights issues in Frisco.
Unfortunately, grandparents do not have an automatically established right to visit with their grandchildren. Under state law, parents have the right to raise their children in the manner they see fit. As part of that right, parents can exclude certain people from their child’s life, including the child’s grandparents. However, under certain circumstances, grandparents can gain the right to see their grandchildren, even if the child’s parents object.
We understand that many grandparents want to maintain contact with their grandchildren. Our compassionate Frisco attorneys recognize how difficult it can be to pursue your rights as a grandparent, and we could work with you to resolve this delicate matter as sensitively and efficiently as possible.
According to Texas Family Code § 153.002, state courts operate with the presumption that parents are acting in their child’s best interests when it comes to conservatorship, access to, and possession of their child. Therefore, if a parent denies access to the child’s grandparents, a court would likely side with the parent and presume they are acting according to their child’s needs.
To gain access and obtain visitation rights, grandparents must overcome this presumption by proving that maintaining access to their grandchild is in the child’s best interests. An experienced Frisco attorney could help you understand your legal rights as a grandparent and demonstrate that denying access would result in damage to your grandchild’s physical health or emotional development.
Texas Family Code § 153.432-153.434 outlines how grandparents can gain legal standing to pursue a claim for visitation rights with their grandchildren. This might occur if grandparents can establish certain facts, including that one or both of the child’s parents must have their parental rights terminated. Additionally, grandparents must be able to rebut the presumption that the parent was acting in the child’s best interests in denying access. Finally, a grandparent must be the parent of the grandchild’s parent, and that parent must be in jail, found legally incompetent, deceased, or denied legal access to or possession of the child.
State law also outlines strict limitations on when grandparents cannot pursue access to their grandchildren, including when the child has been adopted by someone other than a stepparent or when the child’s biological parents have died. Additionally, grandparents cannot seek visitation rights if their grandchild’s biological parents have relinquished their parenting rights or had them terminated.
Our seasoned Frisco attorneys understand how to build cases to help grandmothers and grandfathers protect their rights and could help you navigate the legal process with confidence.
Understanding the common grandparents’ rights issues in Frisco can be complicated. Our dedicated attorneys at Towson Law Firm, PLLC could help you understand your legal rights as a grandparent and meet with you to determine whether you have a viable case to pursue access to your grandchildren. We might also be able to help you seek custody if you have concerns about your grandchildren’s safety. Contact us today to speak to our legal team and discuss your concerns.
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.
