Grandparents often play an integral and important role in many families. If you are very close to your grandchildren and their parents are divorcing, it’s only natural to have questions about your rights to visitation – especially if the parent who is not your child will be the primary custodial parent. In the State of Texas, it is possible for grandparents to obtain visitation rights, and an experienced Fort Worth family law attorney can help.

Child Custody Concerns

In Texas, the courts always base their decisions that relate to children on the best interests of those children, and this includes issues related to grandparents’ visitation rights. As such, if the court finds that maintaining a visitation schedule with you, as the children’s grandparents, is in their best interests, it can legally authorize your right to visitation – as long as one of the following applies:

• The children’s parents have divorced.
• The parent who is your child neglected or abused the children.
• The parent who is your child has been incarcerated, has been found incompetent, or has died.
• A court order terminated the parent-child relationship between the parent who is your child and your grandchildren.
• The children have lived with you for at least six months.

As a grandparent, however, you have no absolute right to visitation, which is why working closely with an experienced family law attorney is in you and your grandchildren’s best interests.

Additional Factors to Consider

It’s important to point out that, in order for you to obtain visitation with your grandchildren, at least one of the kids’ biological or adoptive parents (if one of the adoptive parents is your child) must retain parental rights over them. If your grandchildren are ultimately adopted by someone else, you will have no legal right to seek visitation with them – unless the adoptive parent is a stepparent. Ultimately, your rights as a grandparent flow through your child’s rights as a parent.

Obtaining Custody of a Grandchild

Parents’ rights regarding their children are regularly upheld and honored by the law. Only if a parent is unable to meet the children’s basic emotional and physical needs will the court intervene. As a grandparent, your ability to obtain custody of your grandchildren is only possible if one of the following applies:

• Their current home situation jeopardizes the children’s physical and emotional welfare.
• One or both parents have consented to a change in the children’s custody.

As a grandparent, you have no legal standing to bring an original custody suit. Instead, your request must be filed in conjunction with a current custody case (filed by either the state or the children’s parents).

An Experienced Fort Worth Family Law Attorney Can Help

If you are a grandparent seeking visitation, it’s an important concern that the compassionate Fort Worth family law attorneys at The Law Office of J. Kevin Clark are well equipped to help you with. Our dedicated legal team understands the urgency of your situation and is committed to zealously advocating for your ongoing visitation rights with your beloved grandchildren. For more information about how we can help you, please don’t wait to contact us online or call us at 817-348-6723 today.