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May 14, 2018

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On behalf of The Powell Law Firm

| Divorce

Do Grandparents Have Rights During a Divorce?

Grandparents May Be Able to Obtain Visitation Rights After a Divorce in Texas

A divorce is challenging for all members of the family. For grandparents, it can be especially difficult to know what to do to support the family and where to turn to ensure that they will be able to continue having a strong, positive relationship with their grandchildren.

At the office of The Powell Law Firm, our law firm has extensive experience handling grandparents rights cases. In this article, we explain what Texas grandparents need to know about visitation rights and child custody rights.

Texas Family Law: Grandparent Visitation Rights

Under Texas law, grandparents have no statutory guarantee to visitation. If a child’s parents are still married and considered to be competent parents, they may simply be able to deny a grandparent visitation. Unfortunately, the grandparent will have little to no legal recourse in this situation.

However, there are cases in which grandparents can file a motion to seek visitation rights. As explained by Office of the Texas Attorney General, grandparents can be granted visitation rights if doing so is deemed in the best interests of the child and one of these five circumstances exists:

  • The child’s parents are divorced;

  • There is evidence of parental abuse or neglect;

  • One parent has been found to be incompetent or is deceased;

  • One parent’s rights have been terminated by the court; or

  • The child has resided with the grandparent for 180 days or more.

If you are a grandparent who is seeking visitation rights after a divorce, it is highly recommended that you consult with an experienced Texas family law attorney. These cases are immensely complicated. To be granted visitation, grandparents must be able to present a compelling case.

Of course, ideally these cases can avoid the courtroom altogether. It is important for children to have their grandparents in their lives. Most parents recognize this basic fact. In divorce cases, there are often out-of-court solutions available to grandparents that will help them protect and preserve their visitation rights so that they can develop and maintain a strong relationship with their grandchild. Our legal team can help grandparents find a collaborative solution with their family members.

When Can a Grandparent Obtain Child Custody in Texas?

In a limited number of cases, a grandparent may need to take action to obtain custody of a grandchild. In Texas, grandparents can obtain child custody when it is deemed in the best interests of the child. If neither of the child’s parents is capable or willing to provide proper care, then a grandparent may need to step in. If you are grandparent who is considering filing a claim for child custody, you should consult with an experienced Pearland child custody lawyer immediately.

Contact Our Texas Family Law Team at The Powell Law Firm

At the office of The Powell Law Firm, our compassionate family law team has extensive experience representing grandparents. To get more information about what our lawyer can do for your, please contact our legal team today for a confidential case evaluation. From our offices in Pearland, TX, we serve clients throughout the region, including in Houston, Sugar Land, Rosenberg, Richmond, and Four Corners.

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