Grandparents Rights

Dedicated in Helping Preserve Important Relationships

Whether you are a parent or a grandparent, Clark Law Group can help you navigate the laws related to grandparent visitation. Our attorneys understand the statutes and guidelines that affect grandparents’ rights, and we have experience addressing these matters in family court. Our experience can help us anticipate how the court may apply the law in different situations, and we are prepared to advocate for solutions that will provide for children’s best interests. We are dedicated to helping families address these matters in ways that preserve important relationships and ensure that children can be raised in a loving, supportive environment.

When Would the Court Grant Custody or Visitation Rights to Grandparents?

The term “grandparents’ rights” implies that grandparents may be entitled to visitation time with their grandchildren, but the law generally considers this to be more of a privilege than a right. In situations where one or both parents have refused to allow grandparents to spend time with grandchildren, the courts will often defer to the parents’ judgment. However, there are some situations where grandparents may be able to seek authorization from the court to have visitation time with their grandchildren, or they may even be able to take custody of children in certain circumstances.

The Texas Family Code lays out the requirements that a grandparent will need to meet when requesting visitation. Generally, these requests may be made in situations where a parent has denied visitation time to grandparents, and the other parent has died, is incarcerated, has been determined to be unfit by a court, or does not have custody rights toward their child. While courts will presume that a parent’s decisions are in the best interests of the child, grandparents may be able to overcome this presumption by providing evidence that denying their ability to have visitation with their grandchild will cause significant harm to the child’s well-being. For example, if a grandparent had provided regular care for a grandchild in the past, and they had previously had a positive, supportive relationship with the child, they may argue that the denial of visitation may affect the child’s ability to receive the proper care and that the lack of a relationship with the grandparent could cause the child to suffer emotional harm.

In some cases, it may be possible for grandparents to request conservatorship and physical custody of their grandchildren. If both of a child’s parents have died or are otherwise unavailable to provide ongoing care for their children, a grandparent may seek to be appointed as the managing conservator of their grandchildren, which will give the grandparent the right to make decisions about how the young people will be raised. If a grandparent has served in the role of primary caregiver for a child for at least six months, the court may grant them permanent legal and physical custody of the children, ensuring that they will be able to continue playing this role going forward. Grandparents may also take steps to adopt their grandchildren, which would give them permanent parental rights.

Contact a Dallas Grandparents’ Rights Lawyer

At Clark Law Group, our attorneys can answer your questions and help you understand your rights as a grandparent, and we will work with you to implement solutions that will provide for your grandchildren’s best interests. Contact our office online or call 469-906-2266 to schedule an initial consultation with a compassionate member of our team today. We serve individuals and families throughout North Texas.