Grandparent Rights Attorneys in Denton
Understanding Your Legal Non-Parent Rights
Texas law does not automatically grant visitation rights to grandparents, however, this does not mean you do not have any options. If you are a grandparent or non-parent of a child whose parents will not allow you to spend time with the child, you may be able to pursue a court order to allow visitation. Grandparent and non-parent rights are very limited in Texas, which is why it is wise to enlist the assistance of an experienced grandparent rights attorney in Denton and the surrounding areas who can help you navigate the process. At Navarrette Family Law, we can objectively evaluate your unique situation and determine if you can or should pursue a court order.
How to Obtain a Court Order for Grandparent Visitation
If your child or the spouse of your child will not allow you to see your grandchild, you may be able to file a petition for visitation. However, because parents are automatically granted the right to make decisions regarding their child, courts will typically only hear grandparent and non-parent visitation cases when the parent is deceased, incarcerated, not living with the child, or has been found mentally incompetent. Additionally, grandparents cannot typically file a petition for visitation when a child has been put up for adoption.
Once a petition has been successfully filed, a court order for grandparent or non-parent visitation may be granted under the following conditions:
- Firstly, the court must rule that visitation would be in the best interests of the child AND;
- The parents are currently divorced, or;
- The child was neglected or abused by the parents, or;
- The child has been living with the grandparents/non-parent for six months or longer, or;
- One of the parents is deceased, incarcerated, or mentally incompetent, or;
- The relationship between a parent and the child has been terminated by the court
If your grandchild’s parent is in jail, and it is in the best interests of the child to have visitation time with you, you may be granted a court order. However, if your grandchild’s parents are both competent and living with the child, you will likely have a more difficult time pursuing a visitation order from the court. Our divorce family law attorneys can help you understand your options based on your specific situation.
Providing the Compassionate Legal Counsel You Need
At Navarrette Family Law, we understand how difficult and emotional such sensitive family law issues can be. With this in mind, we provide all of our clients with the compassion, care, and personal attention they deserve. We will take the time to discuss your case directly with you, helping you weigh your legal options and devise a plan that’s tailored to you. Should you choose to file a grandparent visitation petition, we are prepared to represent you and guide you through the process.
