Fighting for Grandparents' Rights in Central Texas
It is not impossible for a grandparent to obtain rights to his or her grandchild, but it is extremely difficult. Under current Texas law, grandparents are not automatically granted visitation or parenting rights as part of a child custody arrangement between parents. In fact, the Texas Legislature has passed a number of laws largely restricting grandparents' rights to their grandchildren except in very special circumstances. These special circumstances can be cases in which there is drug and alcohol use, child abuse and/or neglect, family violence, or other situations which place your grandchild"s physical safety or emotional well-being in jeopardy.
If a grandparent wants custody of his or her grandchild or even just visitation with his or her grandchild, this will require a court order. This order will only come about if you are able to convince a judge that special circumstances exist and that it is in your grandchild's best interest that you have custody or visitation of the child.
Custody of a Grandchild:
If you are a grandparent who recognizes that having custody of your grandchild is in the child's best interest, there may be some things you can, even if the parent or parents object. Under Texas law, a court may allow a grandparent to file for custody of a child for a number of reasons. However, the most common avenue for a grandparent to file for custody is in situations in which your grandchild"s safety is in danger. The Texas Family Code also states that a grandparent can sue for custody of his or her grandchild if the grandparent can show that the request for custody is necessary “because the child's present circumstances would significantly impair the child's physical health or emotional development." Tex. Fam. Code 102.004. The burden of proof will be on the grandparent seeking custody. It is situations like this whene you need the expertise of the attorneys at Piper & Turner, PLLC.
Visitation of a Grandchild:
Fighting for visitation rights can be just as challenging for grandparents. The Texas Family Code states that a grandparent can request visitation to a grandchild in only very limited circumstances, such as a situation in which the grandparent's child does not have access to the child, and the grandparent proves that denial of possession or access of the grandparent to the grandchild would “significantly impair the child's physical health or emotional development." Tex. Fam. Code 153.433.
Let the Attorneys at Piper & Turner, PLLC Help:
Whether you are seeking custody or visitation of your grandchild, you will not have an easy task. However, with experienced and aggressive attorneys on your side, you have the ability to convince a court to protect your grandchild.
Our experienced trial attorneys understand the factors that will sway a court in determining what is in your grandchild's best interest.Attorney James W. Piper is a Board Certified family law attorney who has been serving families throughout Texas for more than 36 years. Mr. Piper has been named a Super Lawyer by Texas Monthly Magazine, is an AV rated attorney by Martindale-Hubbell, is listed in Bar Register of Preeminent Lawyers, is a member of the Texas Academy of Family Law Specialists and is widely considered one of the most well respected family law attorneys in Central Texas. Mr. Piper's partner, Travis L. Turner, also a Board Certified family law attorney, has been named a Rising Star by Texas Monthly Magazine and is a member of the Texas Academy of Family Law Specialists. Mr. Turner, with his extensive litigation and courtroom experience, has rapidly become known as one of the most prominent young family law attorneys in the Austin area. Both Mr. Piper and Mr. Turner, along with the attorneys of Piper & Turner, PLLC, form a unique and unmatched team of lawyers with the talent and experience needed to gain success for our clients both inside and outside of the courtroom.
Piper & Turner, PLLC will utilize the resources of the firm's experienced attorneys and staff, along with a vast network of experts and professionals, such as forensic psychologists and forensic psychiatrists, to advocate for what is best for you and your grandchild.
Contact our office to schedule an opportunity to meet with one of our experienced attorneys about issues concerning your grandchild. We understand that child custody and visitation is not just about the law; it is about your family. Based on our experience, we can clearly explain how Central Texas family courts are likely to view your situation and we will guide you through the entire process. Our lawyers pride themselves on offering our clients honest and realistic assessments about their cases while zealously advocating for the needs of each individual client. Let us help you achieve peace of mind about your case and your grandchild"s well-being.
Contact us at Piper & Turner, PLLC to learn more about how we can help you weather the storm.