Are you a grandparent trying to gain possession and access to your grandchild? Unfortunately, under Texas law, you may face and long and hard battle. We invite you to come in and speak with one of our family law attorneys to discuss your options. In the meantime, here is some information that you may find helpful.
What burden do I have to meet to file a suit?
In order to file a suit to gain possession and/or access to your grandchild, you must show that:
- You are related to your grandchild (meaning you are the parent of the child’s mother or father
- That the parental rights of one of the parents has not been terminated
- Your grandchild’s health or well-being would be significantly impaired if you did not have possession or access to your grandchild
- You are currently being denied possession or access to your grandchild
- Your child (the child’s mother or father, whichever you are related to) is not in your grandchild’s life due to incarceration, being declared incompetent, deceased, or not having court ordered possession or access to your grandchild.
What if both parents of my grandchild have had their parental rights terminated?
If both parents of your grandchild have had their parental rights terminated, the court will consider the best interests of the child in making its determination of whether you should have possession or access to your grandchild.
When should I file the suit?
- A suit must be filed before any of the following has occurred:
- The parents of the child have both passed away
- Both parents have had their parental rights taken away
- The parents of the child have voluntarily relinquished their rights
- The child has been adopted or someone has sued to adopt the child (this person must be someone other than a stepparent)
Can I see my grandchild while the suit is pending?
Once you have filed the suit, you may request for a temporary orders hearing. If the court find in your favor after all parties have been heard, you will have temporary access and possession of your grandchild.
If you have any questions regarding your rights as a grandparent, call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777