Grandparents’ Rights FAQ

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Answering Questions About Grandparents’ Rights

While parents should play a primary role in a child’s life, grandparents have rights too. The Law Office of Brian Bagley, PLLC, has worked with clients throughout Texas. We are here to address your concerns and find a solution that will work for you. No two families are the same, and we will give the individualized attention you deserve. After reading the frequently asked questions listed below, schedule a consultation with our firm. We are here to guide you in the right direction. Call our office in Plano today at 972-910-2203 or fill out our contact form.

Q: What are my rights as a grandparent?

A: While you do not have legal rights that ensure you will see your grandchildren, you do have options. When you have a previously established relationship, it can make visitation requests easier. A judge will also consider visitation when the parents are divorced or if the child has lived with you for at least six months.

Q: Do I have a right to custody?

A: It can be difficult to take custody away from a parent and award it to a grandparent, however, if it is in the best interest of the child, it can be done. If a parent is incarcerated, uses drugs or alcohol excessively or is being accused of abuse or neglect, you have the right to ask for custody.

Q: Can I be the guardian of a child?

A: Yes. In cases where it is necessary, you can be listed as the guardian. A parent can either appoint you as the guardian or a judge can do so.

Q: My child left their child in my care and took off. Now they are back. Do I have rights?

A: Yes. These cases can be incredibly complex, so it is important to talk to an attorney right away. The court likes to see families together. On the other hand, if it has been some time and you have been the primary caregiver, you can file for custody.