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Understanding grandparents' rights to grandchild visitation

Texas courts will consider the best interests of the children in all family law cases, including those where the grandparent or grandparents of the children are seeking to spend more time with the youths. If a petition to change custody, modify visitation, restructure support or any other matter is brought before the court and involves kids, the court will seek to protect the interests of the minors. As the facts of every case can be different, readers are asked to speak with their own family law attorneys about their legal questions and should rely on the general information contained in this post as legal advice.

Texas grandparents do have rights to seek visitation time with their grandkids. In some family situations, such as the death or incarceration of a parent, the individual's child may become estranged from his grandparents on the deceased or incarcerated parent's side of the family. In such cases a grandparent may petition the court to have scheduled time with his grandchild in order to preserve their relationship.

Certain events may terminate a grandparent's right to visitation. If, for example, the grandparents' child is dead, the grandchildren's other parent has remarried, the new spouse has adopted the kids and the new adoptive parent denies the grandparents' request for visitation, the petition may be denied. Specific situations regarding adoption and other legal matters can be brought up with readers' family law lawyers.

Grandparents and grandchildren often have special bonds. In some cases a grandparent may be able to protect his visitation time with his grandkids even if his child is no longer in the grandchildren's lives. However, the best interests of the children will guide courts' determinations on whether the grandparents' rights should be enforced.

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Jamie Graham & Associates, PLLC
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