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Grandparents' visitation rights

Many children in Texas are lucky to have families that love and care about them. In the event of a divorce, however, it can be difficult for grandparents who are stuck in the middle. They may still want to see their grandchildren after the divorce is finalized and it is often in the child's best interest to maintain these relationships regardless of child custody.

In Texas there is not a law that provides grandparents the right to visit their grandchildren. Generally, if the parents approve of the grandparents visiting, then they are allowed. But if parents restrict a grandparent's access to the grandchildren, the grandparent may need to obtain a court order in order to secure visitation. It can be difficult for a grandparent to obtain a court order allowing them to visit their grandchildren. There are generally four circumstances in which the court will hear a grandparent's visitation case. These are when the parent is in prison, found to be mentally incompetent, no longer alive, or no longer living with the child.

If the grandparents are allowed into court the court may grant them visitation if the visitation is in the child's best interest. Also, one of the following conditions must also apply: the child's parents are divorced, the child was abused or neglected, a parent is in prison, mentally incompetent or has died, a court terminated the relationship between one of the parents and the child, or the child has lived with the grandparent for at least 6 months.

Grandparents often form a very special relationship with their grandchildren. And many times grandparents wind up raising their grandchildren for a period of time because their own child's life is in chaos. A legal professional skilled in family law can help grandparents navigate the legal system and fight to get them access to their grandchildren.

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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