Grandparents Rights

Fight for Grandparents Rights in Central Texas

Under current Texas law, grandparents are not automatically granted visitation or parenting rights as part of a child custody arrangement between parents. Grandparents may have visitation access to their grandchildren, generally with approval of one of the parents, and for a specified amount of time agreed to by both parents. Through a court order, sometimes neither parent can adequately care for the child because of issues such as drugs or alcohol abuse or mental illness and a grandparent must step in. However, grandparents may be allowed visitation rights with their grandchildren under circumstances. By petitioning the court for visitation, a judge may order that grandparents be allowed to visit with their grandchildren for a specified length of time. These are very complex issues with constitutional overtones.

If you are a grandparent fighting for your grandchildren, Piper & Turner, PLLC can help. As a Texas Board Certified Family Law Specialist since 1988, attorney James W. Piper has earned recognition among family law professionals for integrity and concerns for the best interest of children in divorce cases. Our family law attorneys know the successful strategies that can lead to a successful case.

Fighting for 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 legal options open to you, even if the custodial parent objects to a change of custody. Under Texas law, if your grandchild has lived with you for at least 6 months, you must file for petition of custody within 90 days after the child has moved out of your home. An emergency situation involving the custodial parent may also lead to a successful petition of grandparent custody, if the court determines that a change safety and emotional welfare is in the best interest of the child.

If the petition is under protest, the burden of proof is on the grandparents

Grandparents petitioning for custody generally have the burden of proof on two specific grounds. First, grandparents must prove that the child's health and well-being will be endangered if they are allowed to remain in the custody of their parent. In addition, grandparents may also have to take the additional step of proving that the child's life will be improved by living with them, rather than their custodial parent.

The burden of proof can be difficult for grandparents, but they are not impossible. A knowledgeable lawyer with significant trial experience is your best option. Contact us to schedule a consultation about how Piper & Turner, PLLC can help you keep your grandchildren's best interests at heart.