Thursday, June 28, 2007
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.