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Grandparents’ Custody and Visitation Rights in Texas

At the Law Office of Bryan Fagan, PLLC, our team of attorneys has extensive experience representing grandparents in various legal cases. We’ve responded to potential clients seeking San Antonio grandparents rights lawyers and other cities in Texas. Each of these cases has showcased the unique and diverse family dynamics present in today’s world.

While some grandparents seek visitation rights with their grandchildren, others aim to gain custody for a variety of reasons. As a result, our office has seen a growing interest among grandparents in understanding their rights when it comes to gaining conservatorship and visitation with their grandchildren in Texas

This article provides valuable insights into the crucial aspects of grandparents’ rights in the state of Texas and how these rights can impact both grandparents and their families.

Establishing the Right to File a Case

To initiate a custody lawsuit in Texas, it’s essential for the party filing the case to have legal “standing.” In family law cases, standing requires demonstrating that one has suffered an injury significant enough to warrant filing a lawsuit addressing that injury. Texas Family Code Chapter 102.003 outlines the standing requirements for filing a suit in Texas. Generally, grandparents qualify as relatives of the child within the third degree of consanguinity.

Overcoming the Parental Presumption

Once a court confirms that a grandparent has standing to proceed with a lawsuit, there are additional hurdles to clear for a favorable court ruling. Texas applies a parental presumption in cases where grandparents seek visitation or custody rights. This presumption assumes that it is in the child’s best interest to award custody to the parent(s) and that parents act in their child’s best interest. Texas Family Code section 153.131(a) outlines this presumption. To succeed in an original suit, a grandparent or other non-parent must rebut this presumption by demonstrating that appointing a parent as conservator would significantly harm the child’s health or development or that the natural parent has voluntarily relinquished custody of the child.

Demonstrating Actual Care of the Child

To pursue primary conservatorship of their grandchildren, which grants them the right to have the children reside primarily with them and make important decisions regarding education, medical care, and more, grandparents must have had actual care, custody, and control of the child for at least the six months before filing (Texas Family Code section 102.003(9)). In cases where parents relinquish their rights and physical custody of the child to the grandparents, some grandparents may resist the parents’ attempt to regain custody.

Illustrative Examples

Two client scenarios illustrate the variety of situations involving grandparents’ rights in Texas. In the first case, two grandparents sought joint conservatorship of their grandchildren when their adult son was in prison, and their daughter-in-law was raising the grandchildren without involving them. After assessing the situation, it was determined that the best course of action was to negotiate a settlement with the children’s mother to secure visitation rights, ultimately ensuring regular contact between the grandparents and their grandchildren.

In the second case, a grandmother had been raising her two grandchildren since the death of their mother. The children’s father was not involved in their lives but agreed to cooperate with the grandmother’s request to become their primary conservator. This legal distinction allowed the grandmother to access benefits, health insurance, and school records for the children while preserving the father’s rights as well. The judge commended the grandmother’s dedication to her grandchildren during the final hearing.

Whether grandparents are pursuing visitation or conservatorship rights for their grandchildren, it is crucial to have experienced legal representation. The attorneys at the Law Office of Bryan Fagan, PLLC possess comprehensive knowledge of the Texas legal system. When looking for any Texas city including San Antonio grandparents rights lawyers, know that we have the advocacy skills necessary to achieve positive outcomes for our clients. If you have questions or need assistance, please reach out to our office for a free consultation with one of our attorneys.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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