When parents separate, one of the most difficult things to figure out is what happens to the children. Often, one parent will get to stay with the children most of the time, and they will live with that parent. The other parent usually has to pay child support so the children can have everything they need.
It can be a very emotional time for everyone involved, and it is important to have an attorney who understands all of the complicated laws about child custody in Texas.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, goes into the details of Grandparent visitation and custody rights. All case evaluations and suggestions that our attorneys make are in the light of Texas Family Law.
Can Grandparents Get Possession of The Child?
Grandparent visitations and grandparent rights are some of the most commonly discussed topics when it comes to child custody. This area of discussion is controlled by a case called Troxel. It’s the United States Supreme Court case.
The case defines the circumstances that surround being able to actually come in as a grandparent and request to either have possession and access of a child or have conservatorship of a child.
There are a lot of moving parts to it, there is one provision in the family code that is actually set out designated just for it. It tracks the Troxel ruling as well.
The Troxel Case
Tommie Granville and Brad Troxel had two daughters from a relationship that ended in 1991. In the years following their separation, Brad Troxel lived with his parents and frequently visited with his daughters on weekends. When Brad Troxel died in May 1993, Tommie Granville informed Brad Toxel’s parents in October that she would limit visitations to once a month.
Upon petition for visitation rights with their granddaughters, paternal grandparents were ordered to visit one weekend per month, one week during the summer, and four hours on the birthdays of the petitioning grandparents. However, Granville appealed.
State Court of Appeals remanded the matter for the entry of written findings of fact and conclusions of law, citing the best interests of the children as the rationale for its decision.
The Washington Court of Appeals reversed the lower court’s decision. It dismissed the Troxels’ petition. Therefore, the court held that the limits on non-parental visitation were consistent with parents’ fundamental liberty interests in custody, care, and management of their children. It was also affirmed by the Washington State Supreme Court, and the U.S. Supreme Court granted certiorari.
Analysis of the Case
Troxel v. Granville is the closest federal decision recognizing grandparent rights in our country. Troxel explained that parents’ rights are more important than grandparent visitation rights. Grandparent visitation is appropriate when it is in a child’s best interest and does not interfere with the relationship between parents and children.
In the Troxel case, the trial court wrongly ignored the parents’ objections to grandparent visitation. The Supreme Court explained that a judge should consider a parent’s reasons for denying grandparent visitation.
Therefore, in the Troxel case, judges must presume that the parent has a reasonable point for preventing grandparent visitation rather than assuming it is in the child’s best interests to allow grandparent visitation.
Grandparents’ Rights Under The Texas Family Code
Under Texas law, grandparent visitation rights are well established. According to the Texas Family Code, Sec. 153.433. “Possession Of Or Access To Grandchild”. The court may order reasonable possession of or access to a grandchild by a grandparent if:
(1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated;
(2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being; and
(3) the grandparent requesting possession of or access to the child is a parent of a parent of the child, and that parent of the child:
(A) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;
(B) has been found by a court to be incompetent;
(C) is dead; or
(D) does not have actual or court-ordered possession of or access to the child.
If you’re in a situation where you’re a grandparent, and you’re wanting to obtain some sort of custody and or possession and access of a grandchild, you need to contact a firm like Turner Monahan and sit down with them or speak to them over the phone.
Get all the facts relayed to them so they can let you know what the advice is on whether or not you should move forward with something like that.
Hire An Experienced Texas Family Attorney
When parents or grandparents find themselves in the midst of a custody battle, they should certainly seek legal counsel. The process can be emotional and complex, and a lawyer can help ensure that the party’s interests are protected.
An experienced firm such as Turner-Monahan PLLC can make sure that all relevant evidence is presented and that the party’s arguments are considered fairly by the court.
If you are currently in the middle of such a situation and want to have a discussion, then contact attorney Tyler Monahan and schedule a free consultation to go over the details.
In addition, check our website for more information about our services. Go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “At What Age Can A Child Refuse To Go To The Other Parent’s House?”.
More Questions Regarding Divorce & Spousal Maintenance
Custody cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Do Fathers’ Rights Look like in Texas?
- Journaling During a Custody Battle
- How to Obtain a Signature on Your Child’s Passport Application if Ex-Spouse Is Refusing to Cooperate?
- What Are the Chances of Getting 50-50 Custody of the Child?
- What Happens If The Custodial Parent Moves Out Of The Custody Region?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
