In Texas, grandparents have the right to visit their grandchildren if they have played a significant role in their grandchildren's lives. Just because your child's marriage ended in divorce does not mean that the relationship with your grandchildren should suffer. The same is true for aunts and uncles desiring to visit their nieces and nephews.
Grandparents may petition the court for primary conservatorship (custody) of their grandchildren (or nieces, nephews or siblings) if the grandchild has been living with the grandparents or other family members for six (6) months or more and the period of possession was not more than three (3) months prior to filing for child custody.
Grandparents also may secure custody of a grandchild in an emergency situation. For example, if the child's health or welfare is in jeopardy due to physical or mental abuse, an award of custody to the grandparent may be warranted. An award of custody also is appropriate when the parents are unfit due to drug abuse, alcohol abuse or when they are not properly caring for the child.
In seeking emergency custody, the grandchild does not have to have lived with the grandparents for six (6) months. The grandparents must show only that they have a strong relationship with the child and it is in the best interest of the child to be with them.
Alternatively, in non-emergency situations, grandparents may take joint custody of their grandchildren with one or both parents by agreement with the parents.
If you are a grandparent and access to your grandchildren has been denied, you need to secure temporary or permanent custody of your grandchildren or you need to enforce existing court orders, call Sonya Coffman at The Coffman Law Firm in Beaumont, Texas.
When families are in turmoil, it is important that grandparents continue to be a stabilizing and positive influence in their grandchildren's lives. Because...family matters.
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