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Grandparents Rights in TX

Grandparent’s Rights Lawyers in Ellis County

The state provides minimal statutory rights to grandparents for visitation of their grandchildren. However, in certain circumstances, a grandparent may petition the court for an order that enables the grandparents to visit the children on a regular basis. If you want to learn if this is possible in your situation, call McCarty-Larson, PLLC to speak with a grandparent’s rights attorney in Ellis County or surrounding areas.

How the Court Views Grandparent Visitation Rights

The courts presume that a fit parent will base his or her visitation decisions on the child’s best interest, and therefore tend to observe the parents’ right to prohibit visitation with grandparents if they choose to forbid it. Due to the fundamental authority of the parents, grandparents’ can only have their visitation rights enforced in very limited situations.

If a parent has forbidden visitation rights, a grandparent’s legal representation must prove at least one of the following circumstances:

  • The child’s parents are divorced
  • Showing by a preponderance of evidence that denying the grandparent access to the child would significantly impair the physical health or emotional well-being of the child
  • The child has been living with the grandparent for at least six months
  • The court has terminated parental rights between at least one of the child’s parents
  • The child’s parent has been incarcerated or found incompetent
  • The child’s parent has died

No matter the circumstances, the court must also determine that granting visitation rights to a grandparent would be in the child’s best interests.

Representation for Grandparents

The evidence must be significant in order for the courts to allow visitation that runs counter to the wishes of the parents and what they deem to be in the best interests of their children. If you want to assert your rights and seek visitation with a grandchild, it is important to understand that it is a long and challenging road. You need a highly qualified and experienced grandparent’s rights lawyer in Ellis County to advise you.

Call (972) 895-7636 for a consultation to learn how the law applies to your situation.

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