3 things to Know About Grandparent Visitation Rights in Texas
As Bob Dylan once said, “The times, they are a changin’.” This is true in many ways, but perhaps the most apparent is the evolution of the current family structure.
The standard nuclear family composed of a father working outside the home to provide for the family while the mother rears the children, is no longer the expected norm. Families across the country are composed in many different ways. Parents may both pursue careers outside the home, the father may take on the role as primary caregiver, the family may be composed of a same-sex couple or the parents may be divorced.
Whatever the structure, grandparents continue to play an important role in the lives of their grandchildren.
For grandparents that wish to remain involved in their grandchildren’s lives, the prospect of the grandchildren’s parents getting divorced may be concerning. Just what rights do the grandparents have to their grandchildren? Those who find themselves in this situation can benefit from the following information.
What visitation rights do grandparents have to grandchildren in Texas? First off, it is important to note that family law matters are generally the creatures of state. As such, state law often applies. This is generally true in matters involving grandparent rights.
When it comes to grandparent’s rights, there is no absolute right to visitation. However, a court may agree to grandparent visitation in certain situations. These situations can include if the parents of the grandchildren are divorced, if the parents abused the child, if the parents are incarcerated or incompetent, have had their parental rights terminated or if the grandchildren have lived with the grandparents for at least six months. In these situations, the grandparent can file suit to request visitation if they believe it is in the grandchildren’s best interest.
Can grandparents get custody of their grandchildren? If the grandchildren are living with the grandparents, you may wish to file for custody. This determination is generally based on the children’s best interests.
If grandparents are granted custody, can they get child support? If granted custody, grandparents can attempt to receive child support. Both parents to the children have a legal obligation to provide financial support.
Navigating these issues can be difficult. As a result, it is often wise for those facing family law matters to contact an experienced attorney. This legal professional will guide you through the process, working to better ensure a more favorable outcome.