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Grandparent Rights Attorneys in Austin

Grandparents are devoted to their grandchildren, and when divorce occurs, they can suffer from being restricted from access to them. When this occurs, it is possible to take legal action to resolve the situation and once again have the ability to visit grandchildren. Grandparents do not have automatic rights, but can petition the court to legally gain visitation rights. Divorce is a difficult situation, even in the extended family, and when you are restricted from spending time with your grandchildren, it may be necessary to take legal action. In order to prove to the court that rights should be awarded, it must be demonstrated that the visitation with grandparents is in the best interest of the child and that a lack of a relationship with them can have a negative impact on the child.

How the Court Decides

The court always puts the best interests of the child first and they will assess if having access to their grandparents falls in line with this. The following are situations that may encourage the court to allow grandparents’ rights:

  • The parents have divorced
  • The child was abused or neglected by a parent
  • The parent-child relationship was terminated by an order from the court
  • The parent is incompetent, dead or serving time
  • The child has been living with their grandparent for six months are more

Grandparents’ can often be at a loss if their child dies or another issue arises and their contact from their grandchild is cut off. In many instances there are steps that can be taken to win the ability to visit with them, however, in cases where the child was adopted by someone other than a stepparent, they may not have the right to seek visitation. They may also not be granted access if both of the child’s birth parents have died or have lost parental rights. Visitation will vary depending on the situation and the terms of it may not be absolute. In many cases, negotiations or even the threat of legal action from our attorney can lead to a fast resolution in cases of grandparent access to the children of a divorce or relationship split.