When a child’s biological parents cannot provide proper care, grandparents often step into the caretaker role. Because of this, many grandparents spend substantial time raising and caring for their grandchildren when necessary. Despite such a commitment, the rights afforded to grandparents remain limited under the law.

If you believe your grandchildren are unsafe in the custody of their biological parents, a dedicated attorney could help. Without adequate rights, grandparents may be unable to intervene in worrisome situations. Let a grandparents’ rights attorney in The Colony assist you. Contact our firm to get started today.

Presumptions Under the Law

Legal paths are available for grandparents seeking visitation or custody of their grandchildren, but these processes are not simple. This is due in part to a presumption under the law that a minor child’s parents or legal guardians act in the child’s best interests. To secure rights to a child, the grandparent must rebut this presumption. This could be done with evidence that the parents are not giving adequate care, and that possession or visitation rights for the grandparents would benefit the child’s physical and emotional health.

Every decision the court makes regarding the possession or visitation of a minor child is based on their best interests. The court is barred from making decisions that do not positively serve the child. An attorney in The Colony could help grandparents establish their rights and determine what legal actions are in the child’s best interest.

Grandparent Possession and Visitation

A grandparent does not have unlimited opportunities to petition for possession of or visitation with their minor grandchildren. There are additional requirements outside of proving that a grandparent having custody is in the child’s best interest, and a knowledgeable attorney in The Colony could break down and discuss these conditions.

To have grounds to seek visitation or possession of a minor grandchild, the grandparent must show that the biological parent cannot fulfill their parental duties. They will not have the opportunity to enforce their rights as a grandparent unless they demonstrate their own child—who is the biological parent of their grandchildren—falls in one of several categories.

For example, a grandparent could be entitled to seek custody if they can show the parent was incarcerated within three months of filing their petition. Time is of the essence in these cases, as incarceration outside of this three-month window does not qualify. Alternatively, a grandparent could show that the parent has either been found incompetent by the court or is no longer living. Finally, grandparents could seek to enforce their rights if they have lost access or possession of the child due to a court order. Pursuing custody or visitation in this way may be challenging without guidance, but grandparents in The Colony should contact a seasoned attorney to discuss their rights and legal options.

Work With a Grandparents’ Rights Attorney in The Colony

If you are concerned about your grandchild’s physical or emotional safety, there is no time to delay. You could have rights as a grandparent that ensure they are given the opportunity to thrive.

Pursuing these rights on your own may be difficult, but seasoned legal counsel is here to help. Reach out to a grandparent’s rights attorney in The Colony today.

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