For grandparents, watching their grandchildren grow up is a wonderful experience. Sadly, not all grandparents can experience that because of tensions in the family or a variety of other reasons. Some grandparents have taken to seeking visitation rights to be able to spend time with their grandchildren. For grandparents in Texas, learning about these grandparents’ rights might help to make the process of seeking those rights easier.
When can grandparents seek grandparent visitation rights?
Grandparent visitation rights cases are usually only heard if there are certain circumstances surrounding the children. If the child isn’t living with the parents but hasn’t been adopted, filing for visitation might be possible. If one of the child’s parents is in prison or jail, deceased or found to be mentally incompetent, the grandparents can usually seek visitation rights.
What is considered in a grandparent visitation rights case?
The court will always consider the best interests of the child when it comes to any visitation case. The grandparent will usually have to establish that they have a relationship with the child or that the child could benefit from a grandchild-grandparent relationship. The status of the child’s parents are often considered. This means the court will consider the marital status, any cases of suspected child neglect or abuse and the status of the legal relationship between the parent and child.
Seeking any sort of grandparent’s rights can be complicated because of the things the court must consider and the conditions placed on these rights. Those who are considering seeking grandparent’s rights should make sure they fully understand the conditions and statutes that can affect these rights.
Source: FindLaw, “Grandparents’ Visitation Rights in Texas” Sep. 12, 2014