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Local attorneys providing knowledge and legal expertise for the residents of South Texas and surrounding areas.

GrandParents Rights

Unlike parents, grandparents do not have a constitutional right to visit their children. If your son or daughter breaks up with his or her spouse and the spouse gets custody of the children, he or she does not necessarily have to allow the children to have contact with you. Additionally, grandparents who strongly feel that the parents are not suitable caregivers for their kids face an uphill battle in proving that the grandchildren should be given over into the primary custody of the grandparents.

At the same time, grandparents in the state of Texas do have some rights and our legal team will work with you to ensure that your rights are in no way, shape or form infringed upon. You can petition a court to provide you with visiting rights and the court will do so if it feels this is in your grandchild’s best interests. If you can prove the parents have neglected or abused the child in any way, you can ask for full custody. You can also petition for custody if the parents have died, if they are found incompetent, serving time in jail or are in the care of a mental health institution. If the parents have left the grandchildren in your care for at least six consecutive months, you can likewise ask the court to give you full custody.

When determining who should get custody of the kids, the court will take parental presumption as well as a child’s best interests into account. This means that one or both parents will be given (or be allowed to keep) custody if they can show that they are at least a decent parent. As a grandparent, you will face an uphill battle to gain custody of your grandkids; however, it is not a battle that cannot be won. Our legal team at Carvajal Smithwick Garcia, LLP has a lot of experience in this field and can help you collect evidence, locate witnesses and prepare you to take the stand and testify on your own behalf. We have a winning track record for helping grandparents keep in touch with or gain custody over their grandkids when warranted.