Usually, when people think about custody and visitation battles, they automatically assume any legal trouble is between the parents. However, this is not always the case. In some situations, grandparents can also lose their right to see their grandchild.
If you are going through this challenging ordeal, one of our family attorneys could explain your legal options. An experienced Houston grandparents’ rights lawyer could help you fight for the right to be in your grandchild’s life.
In Texas, grandparents are allowed to file a suit for access to their grandchild. However, this legal process can provide more complications than other types of custody or visitation cases. This is why it is important to seek out the counsel of an attorney who has experience handling grandparents’ rights cases in Houston.
In general, the law presumes that the parent is acting in the child’s best interests if they are denying grandparents access to their grandchildren. Therefore, the burden is on the grandparents to prove otherwise. This means it is not enough for the grandparents to show that being around their grandchild would benefit the child. Instead, they need to show that denying them access to the child would significantly impair their physical health or emotional wellbeing.
A court may authorize visitation of a grandchild if one of the following circumstances occurs:
It is important to note that this does not mean that the grandparent has an absolute right to visitation. It also does not mean that the grandparent can request visitation of a child who has been adopted by another family other. Due to these complexities, grandparents need to reach out to an attorney in Houston who could help them determine if they have legal rights to their grandchild.
If parents are unwilling or unable to fulfill their role in raising their child, a grandchild may end up living with their grandparents. In these situations, grandparents may be given full legal custody. However, to become a child’s legal guardian, a grandparent will need to provide specific information about the parents’ situation as well as proof that becoming the child’s legal conservator is in the child’s best interests.
These types of lawsuits are referred to as a Suit Affecting the Parent-Child Relationship (SAPCR). For a grandparent to bring one, they must have had actual care, possession, and control of the child for at least six months and within the last 90 days before filing the lawsuit. This includes situations where the grandparents were living with the parents and the child. A grandparents’ rights lawyer located in Houston could ensure that someone does not have to tackle this legal battle alone.
Although many courts often start with a presumption in favor of a parent, the child’s best interests are still the standard that will decide a case. That is why if you are seeking custody or visitation rights, it is vital to work with an experienced Houston grandparents’ rights lawyer who can help you present a case that meets all legal requirements. For these reasons, if you believe you have a case, do not wait any longer. Contact Angela Faye Brown & Associates today and let an attorney help you and your grandchildren.