The Love DuCote Law Firm LLC Legal Blog

Child custody is complex if grandparents are involved

Like most Texas grandparents, you likely eagerly anticipate your visits with your grandkids. Perhaps, you have special traditions or customs you and your grandchildren like to share, such as going out for ice cream or reading stories together. If a divorce has caused complications regarding your ability to see your grandkids, you’re not alone in your struggle.

You might have a close friend or acquaintance who has gone to court over grandparent visitation issues. In this state, under a provision of the Texas Family Code, you, as a grandparent, have the right to request visitation if your grandchildren’s parents have divorced.

Legal issues are not always black and white

If you’ve ever gone to court in the past, you know that legal issues can be quite complex and challenging to resolve. Regarding grandparent visitation, it may not be as simple as wanting to see your grandkids and filing a petition to do so. The court often grants such petitions if a parent is unable to care for a child, has abused a child, is incarcerated, or the child has been living with the grandparent for a certain period of time.

In certain circumstances, you may even be able to request custody of your grandchildren. The court typically believes children are best off living with their parents. That’s not to say there are not circumstances that would prompt the court to rule otherwise, however. If you have evidence, for instance, that your grandchildren are being abused, or one parent has died and the other is unable to care for the children, the court will make its decisions based on the merits of your individual case.

Keeping stress to a minimum for children

No two families are exactly the same, and most families encounter relationship challenges from time to time. If you’re facing grandparent visitation issues, it’s likely that you and your grandchildren are experiencing high levels of stress. You should never hesitate to reach out for additional support to help you cope and move on in life when a divorce in the family has sparked legal problems.

Children’s best interests are always the court’s primary concern during child custody proceedings. You want what’s best for your grandchildren. You can tap into local resources as needed to get help in protecting your rights and also to make sure that your grandchildren have the support they need to cope with their parents’ divorce.

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