The Guidance You Need From Texas Grandparents’ Rights Attorneys
If you are a grandparent, you would probably do just about anything to see your grandchildren regularly. If you are in a situation where you currently cannot do so, it can feel excruciating.
It is time to contact a San Antonio family law attorney about exercising your rights as a grandparent. At Sralla Family Law PLLC, our grandparents’ rights lawyers have decades of collective experience defending and petitioning for grandparents’ rights.
Do I Want To Seek Conservatorship, Or Possession And Access?
The suit for grandparents’ rights may seek actual conservatorship of a grandchild or mere possession and access visitation with the grandchild. If seeking conservatorship, the grandparent is seeking all rights and duties of a parent during periods of possession. A suit for possession and access seeks visitation rights only without the full slate of rights and duties afforded to a parent conservator.
Taking On The Challenge Of The Court Process
Over the past decade, it has become more challenging to secure grandparents’ rights to possession and access to grandchildren in Texas. Under Texas law, a court may award grandparents reasonable possession or access to a grandchild only if at least one biological or adoptive parent retains parental rights.
The surviving parent of the child’s managing conservator must consent to the suit or else the grandparent will be forced to overcome the presumption that the parent blocking grandparent access is acting in the child’s best interest. This means that the grandparent must demonstrate to the court that denial of grandparents’ access rights would significantly impair the child’s physical health or emotional well-being.
There are other hurdles in the way of a grandparent receiving access to a grandchild. The grandparent requesting access must be the parent of the following:
- A deceased parent
- An incarcerated parent
- A parent found by the court to be incompetent
- A parent who, for some other reason, does not have actual or court-ordered possession of or access to the child
A grandparent is restricted from seeking access rights where both biological parents are dead or have had parental rights terminated. Finally, a grandparent may not be awarded access if the grandchild has been adopted by someone other than a stepparent or if both parents have executed affidavits designating another person or an agency as managing conservator of the child.
Speak With A Custody Lawyer About Grandparents’ Rights Today
Sralla Family Law PLLC’s knowledgeable team is ready to fight for your rights as a grandparent. Schedule an initial consultation with a grandparents’ rights attorney today.
Please call our San Antonio office at 210-600-9565 or send us an email today.