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When can Texas grandparents seek custody or visitation rights?

Grandparents have a special relationship with their grandchildren, yet there are certain circumstances that could compromise this important relationship. When a divorce, a dispute with a biological parent or other issues arise, Texas grandparents may be wondering if they have any legal claim to access or custody of their grandchildren.

If you are a grandparent who has been denied access to your grandchildren or you wish to know if you have grounds to seek custody or visitation rights, you would be wise to seek a full understanding of your legal options. The issue of grandparents' rights is a complex matter, and it is beneficial to have experienced guidance as you seek a reasonable outcome. It is also important to note that there are a variety of limitations here in Texas regarding what circumstances grandparents can seek to assert custody or visitation rights regarding their grandchildren under. 

What is in the best interests of the child?

When seeking custody or visitation with your grandchildren, the courts will consider what is in the best interests of the children. If your custody or visitation matter ends up in court, the following factors could come into consideration:

  • The strength of the relationship between you and your grandkids
  • The physical and emotional health of the child
  • The welfare and the safety of the grandkids
  • The wishes of your grandchildren
  • The opinion of the parents and you as the grandparent

These are just some of the factors that could play a role in the court's decision regarding your access to your grandkids. The ultimate goal of any custody or visitation decision is to protect the best interests of the kids. Despite your importance in the life of your grandkids and the strength of your relationship, you may have to fight to protect this important relationship.

If the biological parents of your grandchildren are unable to care for and provide for your grandkids because of abuse or substance abuse issues, or your grandkids have been in your care for at least six months, you may have grounds to move forward with your pursuit of custody of your grandkids.

Resolving your concerns in a beneficial manner

In some cases, it is possible to resolve your concerns peacefully and amicably. Whether you wish to avoid court or you want to fight for your rightful place in the life of your grandkids, you may find it beneficial to start with a complete explanation of your legal rights and options.

Custody matters can be complex and confusing, and you may not know where to turn when denied access to your grandkids. Regardless of your individual goals regarding your right to see your grandkids, you have the right to seek an understanding of your situation.

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