Texas is one of 40 states that recognizes grandparents’ visitation rights. A few different instances may warrant a grandparent petitioning the court to exercise their rights to visitation or custody. You’ll want to familiarize yourself with them to see if you qualify.
Which situations may warrant you seeking visitation with your grandkids?
One situation that may warrant you petitioning the court for visitation with your grandkids is if your grandson’s or granddaughter’s parents divorce.
An adoption generally prohibits you from requesting visitation with your grandchild in Texas; however, you may still have a right to visitation if a stepparent adopts them.
Grandparents may also petition a Texas judge for visitation if a parent is incompetent, incarcerated, deceased or if there’s a termination of their parental rights. Grandparents can petition the court for visitation rights if their grandchild has lived with them for six out of the last 24 months or faced neglect or abuse.
A grandparent’s right to petition for custody of their grandkids
Family law judges tend to want to leave a child in the custody of their biological parents whenever possible. They will consider awarding a grandparent custody if they can produce evidence that shows that the parent is unfit to raise their grandchild. The court can rule that it’s in the grandchildren’s best interest for the grandparents to be their primary caregiver.
Seeking visitation or custodial rights to your grandkids
The courts often see grandparents as providing additional support for the kids instead of being their primary caregivers. Grandmothers and grandfathers looking to secure visitation or custody of their grandkids may face challenges in exercising their rights.
Having a family law attorney on your side with experience in handling similar McKinney cases can be pivotal when you petition for visitation or custody of your grandchildren. You’ll have the best chance of success in your Texas case by having a strong legal advocate by your side.
