Austin Family Law Attorney - Grandparent's Rights

March 4, 2010
By Willie & Dasher on March 4, 2010 2:56 PM |

If you are a grandparent seeking visitation with your grandchild, you should hire an Austin family law attorney. Under certain circumstances, a qualified family law attorney in Austin can assist you in obtaining visitation with or custody of your grandchildren.

Because Texas law gives no inherent rights to grandparents, the only way for a grandparent to obtain a legal right to visit with his or her grandchildren is to file an original lawsuit or to file an intervention. An intervention is a petition to become a part of a lawsuit that is already pending before the court.

In most Austin grandparent's rights cases, the issue is either custody, visitation, or simply the right to make important decisions which impact the well-being of the child. Such decisions usually relate to health/medical treatment, education, and religion.

Under Texas law, a grandparent seeking custody or visitation must demonstrate that he or she has had an ongoing relationship with the child. In some instances, the grandparent must demonstrate that the child actually resided with him or her for at least six months. Moreover, before a court will grant a grandparent visitation, he or she must demonstrate that he or she is the parent of a parent of the child with whom he or she seeks visitation.

The bar to establish a grandparent's right to visit with or obtain custody of his or her grandchildren is set very high. The court will only grant a grandparent's petition if he or she is able to meet very specific criteria.

Therefore, it is imperative that any grandparent seeking to establish grandparent's rights have an experienced family law attorney on his or her side. Although no Austin family law attorney can guarantee the outcome of a grandparent's rights case, the right Austin family law attorney will closely evaluate the case and formulate a strategy that is most likely to achieve the desired outcome.