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Grandparent Rights Protecting Your Family's Future

Katy Grandparents’ Rights Lawyers

Reconnecting You with Your Grandchildren in Texas

For many years, it was a fairly simple process for anyone to petition for visitation rights to a child, even if the parents had denied them access. However, after the 2000 U.S. Supreme Court ruling in Troxel et vir. V Granville, greater priority was placed on the wishes of the parents than before. This means the states have been free to implement similar laws on visitation rights – and it can often be difficult to see your grandchild against the parents’ wishes.

At Fischer Law Firm P.C., our experienced Katy grandparents’ rights attorney can walk you through this process and act as your advocate in family court. We know how devastating it can be to be unjustly separated from your grandchild as the result of emotional abuse, death, or family disputes, and we also know how to help our clients minimize the emotional cost of family court battles.

Take the first steps to reconnecting with your grandchild. Contact Fischer Law Firm P.C. today at (346) 444-1050 for a free and confidential phone evaluation.

When Can Grandparents Seek Visitation?

Because of the ruling in Troxel v. Granville, federal law only demands that parents’ rights be given more weight than third-party visitation rights – in other words, no one else has automatic access to see a child. State courts have applied their own interpretations, and for the most part, these follow the guidance of the Supreme Court. Grandparents in Texas do have more recourse than in other states, but there are still some requirements you will have to meet in order to successfully petition for visitation.

In Texas, you can win access to your grandchild when refused by the parents, as long as the following 3 statements are true:

  1. At least one parent, whether biological or adoptive, currently holds parental rights over the child.
  2. Denying access to the grandparent would result in significant harm or trauma to the child.
  3. The person seeking visitation is the legal parent of one of the child’s parents, and that specific parent is either:
    • Deceased
    • Incarcerated, for at least a 3 month period
    • Mentally incompetent, as declared by court order
    • Not permitted to visit their child, either in actuality or by court order

Protecting Your Rights as a Grandparent

Ultimately, the family court judge will decide whether or not you should be granted access as a grandparent, even if you meet the three conditions listed above. The child’s best interests will always come first in family court, so it’s critical you take care not to damage the relationship, or disqualify yourself from visitation by acting rashly.

Reviewing your unique case with a qualified attorney, especially one who has knowledge of visitation rights in your area, is one of the best ways to ensure your rights as a grandparent are protected, and that your petition is granted. At Fischer Law Firm P.C., our Katy grandparents’ rights lawyer Mark Fischer understands how stressful the process of requesting visitation can be. With experience representing family law clients, he can listen to your case and provide the compassionate counsel you need.

Are you ready to get started? Contact us online today to get in touch with our team!

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