Legal Assistance for Texas Grandparents
When people discuss grandparents’ rights, they are usually referring to a situation in which grandparents on one side of the family or the other are being denied access to visit their grandchildren. In addition to a grandparent’s ability to visit his or her grandchildren, another component of grandparent’s rights is managing conservatorship. Managing conservatorship is essentially the legal right to make certain decisions for the child — including the location of the child’s primary residence, educational decisions, and decisions related to the child’s health care.
Grandparent’s Suit for Visitation
A grandparent may file suit for visitation in Texas if (a) at least one parent of the child remains alive and has not had his or her parental rights terminated; (b) the grandparent(s) requesting access or visitation to the child can prove that their denial of access to the child significantly impairs the child’s physical health or emotional wellbeing; and (c) the grandparent seeking access to the child is the parent of a parent who:
- has was incarcerated in jail or prison at the time the grandparent filed suit and was incarcerated during the three months prior to the filing of the suit;
- has been found by a court to be incompetent;
- is dead; or
- does not have actual or court-ordered possession of or access to the child.
Grandparents’ Suit for Managing Conservatorship Rights
Texas grandparents can file suit for managing conservatorship rights, or the legal right to make significant decisions for the child, if among other things, the child’s present circumstances would significantly impair his or her physical health or emotional development. Examples of circumstances that would be deemed to significantly impair the child’s physical health or emotional development are:
- the presence of domestic violence against the child or one or both parents;
- illicit drug use by one or both parents; and
- child neglect.
How the Dallas Law Office of Pete Rowe Can Help
If you are a grandparent who wants to pursue your rights to participate in the life of your grandchild, then call the Law Office of Pete Rowe. You may have the right to request the court grant an order allowing you access to your grandchild or allowing you to make major decisions for your grandchildren. In addition to your standing to bring suit under grandparents’ rights, you may also have other options that would give you the right to file suit and request the right to make major decisions on behalf of your grandchildren.