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Grandparent Rights in Texas

Grandparents play a vital role in the development of a child. They provide support and help parents in the process of raising their children. While the rights of a grandparent are limited compared to those of parents, there are still ways that a grandparent might gain access to their grandchildren.

The Evans & Herlihy Law Firm can help. We will investigate your case to determine the best course of action and make sure that every legal avenue is pursued to gain access to your grandchildren.

What Are Grandparents’ Rights?

Grandparents do not have the same constitutional rights that parents have when it comes to child custody. In most cases, the original parents determine the role of the grandparents. If a grandparent is given powers of attorney by the parents, then they will have the rights designated by the POA. If there is no POA from one of the parents, then that grandparent might have to pursue legal action through the courts.

Custody and Guardianship

Grandparents can seek custody or guardianship of a child if certain criteria are met. If the child’s living situation puts them in harm’s way or if the child has lived with the grandparent for a certain period of time, that grandparent might seek custody or guardianship of the grandchild. However, the process is definitely made easier if both parents consent to the custody rights of a grandparent.

Family courts evaluate each case to determine what is in the child’s best interest. This means evaluating the environment in which a child lives to determine what is best for the child. It also means taking into consideration a child’s preferences.

Grandparent Rights in Texas: Contact us For a Consultation

Austin Family Lawyer

Sometimes grandparents aren’t seeking full custody, but access and visitation with their grandchildren. If both parents don’t want grandparents to have access to a child, then this process can be difficult. The same is true if the parents gave up their parental rights, passed away or gave the child up for adoption. However, if the original parents still have parental rights but have been found incompetent, or if a parent has been imprisoned for a certain period of time, grandparents might be able to gain access to their grandchildren.

If you have questions over your grandparent rights, contact the family law attorneys at the Evans & Herlihy Law Firm. We can help you explore your legal rights as a grandparent. Contact us today to learn how we can help you.

Attorney Scott Herlihy

Attorney Scott HerlihyScott handles a wide range of family law matters, both contested and uncontested, including divorces involving both large and complex estates as well as more modest asset and property divisions, modifications of Texas and out-of-state orders, custody disputes, establishment and enforcement of child support, prenuptial and postnuptial agreements, paternity cases, and grandparents’ rights matters. [ Attorney Bio ]