Grandparent rights in Texas

Here is brief summary of grandparent rights in Texas: 1. Automaticlaly being a grandparents does NOT give you the right to file a lawsuit for possession, access or custody of your grandchild. 2. If your grandchild used to live with you, you MUST file a lawsuit asking for custody after the child has lived for with you for over six (6) months. Neither parent can live in the house during this six (6) month period. If the child has left your home, less than 90 days must have passed since the child left your home. So -- if the child lived with you for several years and the parents lived on the streets during that time. Then the mother came to get the child and they moved to another city -- you have less than 90 days to go to file in Texas and ask for custody of the child. After 90 days, you lose your rights to file a lawsuit in Texas. (It does not matter if the child lived with you for 15 years!) 3. If you just want to visit your grandchild, it will be impossible if the parents of the child are married to each other and there is not pending lawsuit regarding this family. The courts do not want to interfer with an intact family unit. So -- be nice to your children if you want to see your grandchildren. 4. If the parents are divorcing, you MIGHT have the grounds to intervene and ask to get some visitation with the child. However, you will NOT get 1st, 3rd and 5th Fridays of each month. You must show the court that you have had substanial past contact with your grandchild and that failure to appoint the grandparents as a possessory conservator would significantly impair the child's physical health or emotional development. If both parents do not want you to have visitation with your grandchild, it will be difficult (not impossible -- but difficult) for you to get some visitation with your grandchild. 5. If you want to get primary custody of a grandchild, you must prove that the parents should not be appoointed because it would impair the child's physical health or emotion development and THE PARENTS ARE UNFIT! THIS IS VERY DIFFICULT TO PROVE. THE BURDEN IS ON THE GRANDPARENTS. YOU WILL NEED OVERWHELMING EVIDENCED TO PROVE THE PARENTS UNFIT. 6. If your grown child is dead or in jail and the other parent won't let you see your grandchild, then you have the right to be granted some access to your grandchild. Again, it probably won't be 1st, 3rd and 5th Fridays of each month. HERE IS THE LEGAL PRESUMPTION THAT YOU MUST PROVE ORDER TO HAVE ACCESS TO YOUR GRANDCHILD -- it is a fundamental legal presumption that a parent should raise his or her own child. It is presumed that a fit parent makes decisions in the best interest of his or her child. So if you want to see your grandchild, be nice to the parents. Bite your tongue! Smile! If you piss of one of the parents, then you won't be seeing your grandchild. If your grown child is a bum and does not visit, you need to convince your grown child to take advantage of his or her visitation and let you see the child during his/her visitation time.

New laws in Texas

The Texas Legislature met in the spring of 2007. Their session is now over. There will be some modifications and/or changes of Texas Family Law going into effect soon. The proposed law for a "covenent marriage" in Texas was defeated. It was a very poorly written bill that should NOT have been made into law based on the many issues it did NOT address.

However, there are going to be many changes. Please check back on this blog to learn more about them as I learn of the changes.

Let me know your questions

If you want me to answer a question via this blog, please send me an email to fran@familylaw4u.com and request that I put the question and answer on my blog. In the subject line put "question for TX Holistic Family Law Attorney blog".

I no longer have an assistant

My assistant, Bari, got a full time job with benefits. It was fun working with her and I wish her only the best. I'm back answering my own phones. Please leave a message & repeat your phone number twice! Please! I will NOT identify myself. I just say something like "this is Fran returning your call". If you pretend to be someone else, then you lose your free phone consultation! If I can call you at night, please let me know if it's ok, the phone number to use and how late I can call you. I often return calls until 10 p.m. If you claim it is an emergency, I will return your call as soon as I retrieve it. If it's 2 a.m., I will call you back! So be careful when you claim it's an emergency!

Emancipation in Texas

Summer is here and the emails and phone calls have started! This question seems to be very popular with 15& 16 year olds.

See my post dated March 17, 2007 regarding removal of disabilities. That is the term The State of Texas uses for emancipation.