Grandparents may seek visitation rights if they are unable to see their grandchildren regularly. Grandparents’ rights entitle them to a scheduled visitation with the children where the parents bring the children to the grandparents’ home. If the grandparents get visitation, the parents cannot refuse visitation and must follow a new parenting plan.
When Can Grandparents Seek Visitation Rights?
When a couple divorces with children, a major factor that is not considered is visitation for grandparents. Traditionally, many couples who have divorced will make efforts for their parents to see their children and get plenty of time with them. However, some circumstances prevent the grandparents from getting the visitation they want.
In Texas, grandparents can file a motion to get grandparents rights if the couple has divorced, if either parent was abusive to the child, if either parent has died, and if the child has lived with the grandparent for at least six months. If either parent has been incarcerated, the grandparents can seek visitation rights. Under circumstances where the child is still a minor and they are emancipated from their parents, grandparents can seek visitation rights through the court.
How are the Child’s Interests Defined?
The interest of the child is defined by the most appropriate setting for them. For example, most courts believe it is important for the child to have access to a loving relationship with their grandparents. However, if the grandparents pose a risk to the children, the court will deny visitation for the grandparents. If both parents are living yet divorced, the parents can weigh in on any risks presented by the grandparents.
How are Grandparents Rights Enforced?
After grandparents’ rights are established, the court can enforce visitation for the grandparents. If the parent denies visitation, they can contact law enforcement to get access to the child. A parent that denies visitation when the grandparents have a court order faces contempt of court charges and the penalties of a violation of a court order according to realtimecampaign.com. The court order defines when the parents must bring the children to the grandparents’ home and when they can pick up the children after the visitation is over.
When Can Grandparents Seek Custody of the Child?
5 Best Child Custody Attorneys in Dallas can help grandparents who are attempting to seek custody of a grandchild. The only option for seeking custody is when both parents pose a risk to the children. The grandparents must have credible and admissible proof that shows why the parent or parents present a risk to the child and why the grandparents believe their home is more suitable.
What Can Prevent Grandparents from Getting Visitation?
After the grandparents filed a motion, the parents must present valid reasons for why the grandparents cannot be a part of the child’s life. If both parents are living, the grandparents may face difficulties in proving their case if both parents have the same feelings toward the grandparents and believe the grandparents are a risk. Grandparents can look at more info and decide if they want to start a case. They can contact a firm such as Sisemore Law to get started.
Grandparents can present a loving relationship for their grandchildren. However, some circumstances prevent them from seeing their grandchildren as often as they like. If they were cut out of the child’s life completely, grandparents have the opportunity to seek grandparent’s rights through the family court.