May 21, 2024

What Are the Rights of Grandparents in Child Custody Cases?

Grandparents are invaluable to their grandchildren. They provide love and support throughout their lives. Many grandparents are concerned when a custody case arises because they are worried they won’t be able to see their grandchildren anymore. This article will help you determine your grandparents' rights in Texas.


No Absolute Rights

It’s common for a child custody lawyer to hear that a person is entitled to visitation by law. In some states, grandparents automatically qualify for visitation rights. However, that’s not the case in Texas. Grandparents are not automatically entitled to have visitation with their grandchildren. However, that doesn’t mean that you can’t get visitation with the help of a qualified lawyer.


Grandparents' Rights

While grandparents are not automatically entitled to visitation, they have the right to file for visitation in court, and many judges will grant a grandparent visitation. This is commonly called grandparents' rights. It’s important to note that only certain people are allowed to file for visitation with a child, but all states recognize the incredible impact grandparents can have on children. This can enable you to be given court-ordered visitation.


Parental Rights

While many states have some form of grandparents' rights, it’s essential to note that most states also tie those rights to the parents' rights. So, if a parent doesn’t have parental rights to a child, the grandparent usually can’t file for visitation. For example, if the state has terminated parental rights or someone else has already adopted the child, which also terminates parental rights, grandparents usually don’t have the right to file for visitation, and a child custody lawyer may be unable to get you the results you want.


Child custody cases can be complex. According to Legal Jobs, 90% of custody agreements are settled without going to court. Hiring a child custody lawyer is crucial to ensure the best possible outcome. Our professional team of lawyers at White Legal Group can review your case to let you know your rights regarding your grandchild. Contact us to schedule a consultation today.


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