Many grandparents are not allowed to see their grandchildren for various reasons. The state of Texas has attempted to assist grandparents with this type of issue by passing and enforcing grandparent’s rights laws. While these may not apply to every case, they will lend a helping hand to many adverse situations. Please read below for an explanation, stipulations, and scenarios regarding this type of situation. This article goes into the details, click to read more.
Reasons for Enacting Grandparent Rights
This will not cover civil disagreements where a child is being kept from his or her grandparents. In these situations, the parents’ rights are superior in deciding who can have contact with their child. However, there are some particular situations in which this can apply:
The biological grandparent(s) can prove that no contact with the child would significantly impair the child’s physical health, mental health, or emotional well-being
The parent of the child has been incarcerated in jail or prison for a specified amount of time
The parent of the child has been found incompetent by a court
The parent does not have court-ordered custody of the child
The parent to whom the grandparents are biologically related is deceased.
Situations Requiring Grandparent Rights to be Enforced
There are situations in which grandparents or other family members like aunts and uncles need legal rights to a child. One such example is medical attention for a child the family member already has possession of. This is an unfortunate but common occurrence that can be burdensome for family members. This article discusses this in more detail, When can grandparents safely visit their grandkids after receiving the COVID-19 vaccine?
When the family is already providing the child’s everyday care but does not have the legal authority to take the child for medical attention or school-related circumstances, it is time to look into legal proceedings. For the best in family law firms go to one like Sisemore Law.
Another common situation that will be covered under grandparent’s rights is more from a visitation aspect. If two parents get a divorce and the parent who is not biologically related to the grandparents in question is denying access to the child, then legal representation may be required for the grandparents to see the child.
Grandparents Rights and Children That Have Been Adopted
Since the grandparents’ rights are only in place because of the parent’s rights to the child when a parent’s rights to a child have been terminated, and the child has been adopted, that also terminates any rights the grandparents have a child. There are some circumstances in which this is not the case, but they are precise and uncommon. Unfortunately for most grandparents, if they cannot gain custody of the child, their options will be slim to none.
Parents play a vital role in a child’s life but so do grandparents. There can be valid reasons a parent is limiting access to a child, or the cause can be frivolous, but if it is in the child’s best interest is to have access to the grandparents, legal help should be obtained. It is always best for the grandparents to maintain a relationship with the child’s parent, but sometimes that is not possible.