Grandparents’ Rights Attorney in Dallas
Dedicated to Preserving Your Relationship with Your Grandchild
However, it is important to realize that the United States Supreme Court ruled that grandparents do not have a constitutional right to see or visit their grandchildren. This ruling is based on the general presumption that parents have an automatic right to determine the best interests of their children and, thus, they are entitled to decide who can or cannot come in contact with their children.
In Texas, visitation rights generally refer to access or continuing contact and/or possession or visiting a child. A grandparent with access can communicate with and visit a child but cannot control or take a child away from a parent or conservator.
The Law Office of Ellen Schutz provides representation for grandparents seeking possession and access. Ellen understands the complex guidelines associated with these types of cases and works diligently until a solution is reached.
Grandparents’ Rights Criteria
Combating parents’ objections can be very difficult for grandparents seeking access and/or visitation privileges.
In order for a grandparent to obtain access and possession, the grandparent must prove all of the following conditions:
- At least one of the child’s biological or adoptive parents has not had his or her parental rights terminated
- The child’s physical or emotional well-being would be significantly impaired if the grandparent’s access or possession is denied
- The grandparent is the parent of the child’s parent
In addition, one of the following circumstances must be true:
- The child’s parent has been incarcerated for at least three months before the petition was filed
- The child’s parent has been judicially declared incompetent
- The child’s parent is deceased
- The child’s parent does not have actual or court-ordered possession of or access to the child
If a grandparent has had actual care, control, and possession of a grandchild for at least six months prior to filing a suit, they can gain access through a suit for conservatorship. In addition to caring for the child, the grandparent must also be a competent adult and prove that the child’s present circumstances will significantly impair the child’s physical health or emotional development.
For more information on grandparents’ rights, call (214) 340-8515 and speak to our experienced grandparents’ rights lawyer in Dallas.
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