GRANDPARENTS
RIGHTS QUESTIONS AND ANSWERS
- Can grandparents get court-ordered access and visitation
with their grandchild?
Yes. A biological or adoptive
grandparent may request access to a grandchild, and the Court shall
order reasonable access if all requirements of
Texas Family Code Chapter 153.432-153,434 are met.
- Can a grandparent ask for custody of their grandchild?
Yes, a grandparent may request
custody of a grandchild if they have had actual care, control, and
possession of the child for not less than six months preceding the
filing of their petition for custody (a suit affecting parent-child
relationship) or if it can be shown that custody is necessary
because the child's present environment presents a serious question
concerning the child's physical health or welfare; or the parents,
surviving parent, or the managing conservator files the petition or
consents to the grandparents having custody. Again, as in the case
of parents who seek custody, the Court will start with the "best
interest of the child" test.
- Where should a grandparent visitation right or
grandparent custody suit be filed?
First discover whether there
has been any other court action with regards to the child pertaining
to custody, visitation, or support. If so, then that Court will
likely have "continuing jurisdiction". Meaning that any future
actions brought pertaining to the child should be in that State,
that County, that Court. If there has been no other court action
pertaining to the child, then suit should be filed in the county
where the child resides.
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