HOUSTON GRANDPARENTS RIGHTS LAWYER
Being a grandparent is one of life’s greatest gifts, but watching your grandchild’s parents go through a divorce or other family law issues can be heartbreaking. As a grandparent, you may wonder what rights you have to visitation and custody. Disagreements often arise about the child’s best interests, making it even more challenging to make decisions. Due to these cases’ highly sensitive and emotional nature, having a trusted Houston grandparents rights attorney by your side can help everyone involved come to an amicable and fair solution.
At Moffett Law Firm, we have 30 years of combined experience working on highly complex family matters in Houston, including grandparents’ rights. We understand the emotional and personal nature of these cases, so we approach every case with compassion and education. Our caring team always puts your best interests first, so you can focus on your needs while we fiercely advocate for your rights. With our open and honest communication, you can understand the full scope of your case and your legal options to make the best decisions for your future.
What Rights Do Grandparents Have in Houston?
When parents get divorced in Houston, they are not the only ones with rights to visitation and custody. Depending on a grandparent’s relationship with their grandchild, they may also have the right to stay in the child’s life. However, this can be complicated, especially if a bitter parent disputes the issue. If you have a pre-established relationship with your grandchild, you may have visitation rights in the following scenarios:
- The parents are divorced
- The parents neglected or abused the child.
- The child has lived with you for the last six months
- The parent is incarcerated, incompetent, or has passed away
- A court order ended the parent-child relationship
If you suspect your grandchild is suffering from abuse or neglect, you have a mandatory responsibility to report it to Texas Child Protective Services. Ultimately, the court may grant you visitation rights if you demonstrate it would be in the child’s best interest. Therefore, our Houston grandparents rights lawyers work tirelessly to build a strong case and gather clear evidence to achieve a positive outcome.
Types of Conservatorship for Grandparents in Texas
In most child custody cases, Texas law favors the parents instead of the grandparents. However, the child’s parents may agree to sign a Texas Minor Child Power of Attorney form, awarding temporary custody to the grandparents. While this document allows you to make all decisions for the child, the parents can revoke it at any time. Other types of custody grandparents in Texas can pursue include the following:
Managing Conservatorship
You may seek a managing conservatorship of your grandchild through the court if you have evidence the child’s current living situation is damaging to them or if the parents agree that giving custody to you would be in the child’s best interests. If granted, this conservatorship gives you complete control over the child, including medical and educational decisions.
Possessory Conservatorship
You may file this type of conservatorship if a child custody case is in progress and you want to have a say regarding your grandchild’s future. Possessory conservatorship allows you to make important decisions for your grandchild and have visitation rights. You can only have this type of custody if you have a history of substantial contact with your grandchild and can prove the child’s current living conditions may cause them harm.
What Does the Court Consider During Grandparents’ Rights Cases?
While Texas courts make their decisions in custody cases based on the child’s best interests, this is not always easy to determine and may vary on a case-by-case basis. Typically, courts consider the following factors when deciding what is in the best interest of the child:
- The relationship between the grandparents and child
- The emotional and physical abilities of the grandparents to care for the child
- The child’s preferences if they are 12 or older
- Evidence of physical or substance abuse from the child’s parents
- Evidence of neglect from the child’s parents
To obtain visitation or custodial rights as a grandparent, you must demonstrate that the child has been in your care for at least six months and that the parents are unfit to care for their child. We understand this can be daunting, so we can help you gather the evidence you need to build a strong case and achieve your desired outcome.
Speak With a Trusted Houston Grandparents' Rights Lawyer at Moffett Law Firm Today
As a grandparent, your family is the most important aspect of your life, and you always want the best for them. If your grandchild lives in inadequate living conditions or their parents cannot provide for their child, you may have rights to visitation or custody as the child’s grandparent. Our Houston grandparents rights lawyers at Moffett Law Firm can help you understand and protect these rights so you can continue to be a part of your grandchild’s life.
Our experienced and professional Houston grandparents’ rights attorneys have provided unmatched legal services and innovative solutions to the Houston area for many years, so you can rely on us to handle your case effectively and successfully. No matter your case’s complexity, we have the skills and knowledge to handle it. Emotions and tensions can run high during grandparent rights cases, so we strive to remain calm and bring disputes to an amicable resolution. To schedule a consultation with our Houston grandparents rights lawyers, call (713) 333-5800 or fill out our contact form.
