What Are My Rights as a Grandparent in Texas?
Posted By Menduni Martindill, PLLC || 3-Apr-2013
You've probably heard the terms "father's rights" or "parental rights" before. Generally speaking, these terms apply to legal issues related to family law and divorce. For example: Unmarried fathers have the right to pursue child custody. During a divorce, both parents may have the right to visitation and parenting time with their child/children. Did you know that, under certain circumstances, grandparents can have these rights too? According to the Texas Attorney General, grandparents can play an important role in child's life. If the court believes that that child's relationship with his/her grandparent is significant, the grandparent may be given legal rights.
Every state has laws that involve visitation and grandparent's rights. Typically, the term "grandparents' rights" involves child custody and visitation. In some cases, though, grandparents can seek child support in addition to custody. Like any child custody or support order, grandparent's rights are only granted if the court determines that they are in the best interest of the child. In order to authorize grandparent visitation rights, one of the following situations must exist: The child's parents are divorced; the parent abused the child; the parent neglected the child; the parent is incarcerated; the parent was found incompetent; the court terminated the child-parent relationship; or the child lived with the grandparent for six months.
Will I be granted visitation rights?
Every case is different. If you are a grandparent in Texas, the court will authorize visitation rights only if it is in the best interest of the child. You will not be granted visitation if the grand child was adopted by anyone other than the child's step-parent. Sometimes, seeking child custody is in the best interest of the child. For instance: the court may grand you custody rights if the child lives with you. Once you become the child's custodial parent, you may apply for child support as well. In Texas, both biological parents are obligated to provide financial support for their child – even if the child is living with a grandparent. If you obtain physical custody of the child, contact the Texas Child Support Division to see if you can collect support.
Contact Our Austin Family Lawyers to Learn More
If you have questions about your rights as a grandparent, contact Menduni Martindill, PLLC today. Our team of family attorneys in Austin is dedicated to protecting families through matrimonial and family law. We are recognized by the BBB® and one of our lawyers is board certified in family law. If you want a family attorney who will fight for your best interest with skill and compassion, call our office today and schedule an initial case evaluation.