At the Law Office of Bryan Fagan, PLLC, our team of attorneys brings extensive experience in representing grandparents facing legal challenges. We frequently assist clients searching for San Antonio grandparents rights lawyers and those in other Texas cities. Each case we handle reveals the unique and diverse family dynamics that shape today’s world, highlighting the importance of understanding and advocating for grandparents’ rights in various situations. Whether navigating custody disputes or seeking visitation rights, we are committed to providing compassionate and knowledgeable support to help families achieve the best outcomes.
While some grandparents seek visitation rights with their grandchildren, others aim to gain custody for a variety of reasons. As a result, our office has seen a growing interest among grandparents in understanding their rights when it comes to gaining conservatorship and visitation with their grandchildren in Texas.
This article provides valuable insights into the crucial aspects of grandparents’ rights in the state of Texas and how these rights can impact both grandparents and their families.
Establishing the Right to File a Case
To initiate a custody lawsuit in Texas, it’s essential for the party filing the case to have legal “standing.” In family law cases, standing requires demonstrating that one has suffered an injury significant enough to warrant filing a lawsuit addressing that injury. Texas Family Code Chapter 102.003 outlines the standing requirements for filing a suit in Texas. Generally, grandparents qualify as relatives of the child within the third degree of consanguinity.
Overcoming the Parental Presumption
Once a court confirms that a grandparent has standing to proceed with a lawsuit, there are additional hurdles to clear for a favorable court ruling. Texas applies a parental presumption in cases where grandparents seek visitation or custody rights. This presumption assumes that it is in the child’s best interest to award custody to the parent(s) and that parents act in their child’s best interest. Texas Family Code section 153.131(a) outlines this presumption.
To succeed in an original suit, a grandparent or other non-parent must rebut this presumption by demonstrating that appointing a parent as conservator would significantly harm the child’s health or development or that the natural parent has voluntarily relinquished custody of the child.
Demonstrating Actual Care of the Child
To pursue primary conservatorship of their grandchildren, which grants them the right to have the children reside primarily with them and make important decisions regarding education, medical care, and more, grandparents must have had actual care, custody, and control of the child for at least the six months before filing (Texas Family Code section 102.003(9)). In cases where parents relinquish their rights and physical custody of the child to the grandparents, some grandparents may resist the parents’ attempt to regain custody.
Illustrative Examples
Two client scenarios illustrate the variety of situations involving grandparents’ rights in Texas. In the first case, two grandparents sought joint conservatorship of their grandchildren when their adult son was in prison, and their daughter-in-law was raising the grandchildren without involving them. After assessing the situation, it was determined that the best course of action was to negotiate a settlement with the children’s mother to secure visitation rights, ultimately ensuring regular contact between the grandparents and their grandchildren.
In the second case, a grandmother had been raising her two grandchildren since the death of their mother. The children’s father was not involved in their lives but agreed to cooperate with the grandmother’s request to become their primary conservator. This legal distinction allowed the grandmother to access benefits, health insurance, and school records for the children while preserving the father’s rights as well. The judge commended the grandmother’s dedication to her grandchildren during the final hearing.
Seeking Legal Representation
Whether grandparents are pursuing visitation or conservatorship rights for their grandchildren, it is crucial to have experienced legal representation. The attorneys at the Law Office of Bryan Fagan, PLLC possess comprehensive knowledge of the Texas legal system. When looking for any Texas city including San Antonio grandparents rights lawyers, know that we have the advocacy skills necessary to achieve positive outcomes for our clients. If you have questions or need assistance, please reach out to our office for a free consultation with one of our attorneys.
Final Thoughts
In conclusion, grasping the nuances of grandparents’ custody and visitation rights in Texas is essential for preserving family connections and ensuring the well-being of grandchildren. Although the legal landscape can be intricate, it provides opportunities for grandparents to maintain a significant presence in their grandchildren’s lives. By staying informed and seeking guidance from experienced San Antonio grandparents rights lawyers, grandparents can successfully navigate these legal avenues, empowering them to cultivate meaningful relationships with their loved ones. Taking proactive steps can make a significant difference in fostering the bonds that enrich family life.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
