Tarrant County Grandparent and Third-Party Rights Attorney
Parents are not the only individuals who might be involved in conservatorship (custody) or possession and access (visitation) cases in Texas family court. Other parties outside of the immediate family might have interests in a child’s well-being, and they may want to preserve their rights to visit with or have custody of a child. Other parties may include grandparents, aunts, uncles, or a person who has acted in a “parent-like role.” The relationship to the child and the specific facts of the case will weigh heavily in the rights you may have to the child.
The law favors the parents’ wishes in most situations when it comes to the best interests of the child, though it is possible for third parties to gain conservatorship or access orders in certain circumstances. If you would like to discuss your situation and a possible case, contact a grandparent and stepparent rights lawyer at Hoppes Family Law. We represent clients in Hurst and the surrounding areas.
Grandparent Rights for Possession and Access
Many parents want to foster relationships between children and grandparents, though some parents might not want this relationship to continue following a divorce, the death of the other parent, or the termination of the other parent’s rights. If you are not allowed visits with your grandchildren, you might have the right to seek access rights from the family court.
To obtain an access order, which allows visitation, grandparents overcome the presumption that a parent acts in in the interest of the child by proving that denial of possession of or access to the child would significantly impair the child’s mental health or emotional wellbeing and the grandparent is a parent of a parent of the child who:
Grandparent and Third-Party Rights for Conservatorship
A grandparent or third party can petition the court for conservatorship (custody) if the parent and the child have lived with the grandparent or third party for 6 months and moved out not less than 90 days before the petition is filed. If this is not met, the grandparent may petition the court for conservatorship (custody) if they can prove that the child’s present circumstances would significantly impair the child’s physical health or emotional development or both parents agree that the child should live with the grandparent.
A recent landmark Texas Supreme Court case allows grandparents and third parties to petition for conservatorship (custody) if they have acted in a “parent-like role.” “Parent-like role” is fact specific and you should consult with one of our family law attorneys to help you analyze your specifics facts.
Discuss Your Options with an Experienced Hurst Grandparent Rights Lawyer
If you are a non-parent trying to obtain access to a child, the Hoppes Family Law understands how this situation can unfold. We handle all types of family law cases in Hurst, Bedford, Colleyville, North Richland Hills, and Richland Hills in Texas, and we can evaluate your case. For more information, please do not hesitate to contact us online or call us at 817-283-3999 today.