Divorce tends to affect more than just the separating couple; it can affect children and grandparents also. While the law explicitly protects the rights of both parents to see their children after a divorce, but grandparents are not afforded the same. If you’re a grandparent whose former son- or daughter-in-law won’t allow you to see your grandchild, you might be able to petition the court for visitation.
The courts don’t guarantee visitation rights for grandparents; however, many people are aware grandparents can form strong, beneficial bonds with their grandchildren. The court will ultimately do what is in a child’s best interests. If you apply to the court for visitation rights, you will need to prove your presence in the life of your grandchild is in his or her best interests or your lack of visitation rights could be harmful to the child’s physical or emotional well-being, according to Texas Family Code. § 153.432 (c).
Texas grandparents can pursue visitation in limited circumstances. For example, at least one biological parent must have parental rights over the child, and the grandparent must be the biological parent of one of the child’s parents. Likewise, if one of the parents has been incarcerated for at least three months, declared mentally incompetent, does not have court-ordered visitation with the child, or has passed away, a grandparent can pursue visitation rights.
If you’re hoping to get visitation rights with your grandchild, you will need a powerful ally on your side. Talk to our skilled Flower Mound family law attorney about your case today. Attorney Phillip Herr has more than 15 years of legal experience to put to work on your behalf. Let us help you present your case and work to achieve your legal goals.
Contact us at (469) 242-2211 or fill out our online form to schedule a case consultation today.