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Family Law

How Grandparents Obtain Visitation And Custody

It’s hard to see a loved one go through tough times, especially when they are your child. As a grandparent, you may be concerned about how these challenges will affect your grandchildren. At the Law Office of Brian Bagley, PLLC, we understand these concerns. We can help you request visitation and fight for your grandchildren’s best interests.

From our offices in Plano, we have assisted families across the state through challenging times for nearly a decade. Based on our knowledge of the law and ability to explain it in clear language, we will provide individualized services based on your family’s best interests.

What Rights Do Grandparents Have?

“Grandparents’ rights” usually refers to visitation rights for grandparents. This can be challenging if the child’s parents object to a grandparent being in contact or visiting the child. In Texas, many courts will not begin the process of granting these rights unless one of the child’s parents is deceased, incarcerated or has been found mentally incompetent.

The court can order visitation for grandparents if:

  • The child has suffered abuse or neglect.
  • One parent has had their parental rights terminated.
  • The child’s parents have divorced.
  • A grandparent has housed the child for at least six months.

Keep in mind, seeking custody is a different process than visitation.

Can Grandparents Get Custody?

Generally, a grandparent can only ask for custody if the child’s parent or guardian has been deemed unfit to care for them. In Texas, this is referred to as a “managing conservatorship.”

To obtain full custody, grandparents must prove one of the following:

  • The child’s home environment is physically or emotionally damaging.
  • The child and their parent have lived with you for at least six months.
  • A parent or legal guardian of the child has agreed to let you have custody.

A close bond between grandchild and grandparent is important in these cases, but that alone is not enough to win custody or visitation. Ensure your story is told by enlisting the help of a compassionate family law attorney.

Call For A Free Consultation

Find out what the next chapter of your grandchild’s life could be by arranging a free, no-obligation consultation at the Law Office of Brian Bagley, PLLC. Call 972-295-9050 or request an appointment through our online form.