The relationship between a grandparent and grandchild is often special. In fact, many grandparents find themselves in the position of their grandchild’s primary caretaker. Despite taking on these duties, grandparents lack the same legal rights as a birth parent. Most grandparents require the consent of their children to maintain any type of relationship with a grandchild.

A dedicated family law attorney could advise you of your legal rights as a grandparent. Under the law, you could have an opportunity to secure visitation or even custody rights. Let a Pearland grandparents’ rights lawyer from Angela Faye Brown advise you on the possibilities.

Access and Visitation for Grandparents

State law does provide grandparents with visitation rights under limited circumstances. However, this is typically only an option in cases where a grandparent had previously stepped into the role as a parent in the past.

As such, securing visitation rights as a grandparent can be difficult in many cases. The courts presume that a child’s parents act in their best interests, and judges generally defer to those parents when it comes to questions of visitation. That said, it is not unheard of for the courts to grant visitation rights to grandparents with the help of a Pearland lawyer.

It is possible for a grandparent to overcome the presumption that a parent is acting in the best interests of the child. This can be done by showing that denying access to a grandparent could substantially impair a child’s emotional or physical wellbeing. Grandparents are also considered mandatory reporters under state law. This means that if they suspect that their grandchild is suffering abuse at the hands of their parents, they have an obligation to report it to Child Protective Services.

Pursuing Custody of a Grandchild

Often, the formal pursuit of custody rights comes on the heels of a grandparent serving a surrogate parent. Many grandparents take in their grandchildren when their parents are unable or unwilling to care for them.

One of the options for pursuing custody rights of a grandchild requires a grandparent to have actual control, care, and possession of the child. This care must have lasted at least six months, and some of that period must have occurred within 90 days of filing for custody. However, there are exceptions to this rule. In these cases, it requires the grandparent to make the case that the child’s parent is unfit. This could involve showing that the parent is incarcerated, incompetent, or has abandoned the child.

The process of establishing custody rights as a grandparent can be challenging on many levels. Many grandparents seek custody during a tumultuous time when their children are unable or unwilling to serve as parents. In other situations, issues of custody can further complicate already strained relationships. Given the challenges that come with a grandparent seeking custody rights, it is vital to seek the guidance of a Pearland attorney.

Contact a Pearland Grandparents’ Rights Attorney Today

There are times when only prompt legal action can protect the relationship between a grandparent and child. This relationship is important, and the right attorney could help protect it. Let a Pearland grandparents’ rights lawyer serve as your advocate and protection for your grandchild’s best interests. Call today discuss your legal options.