Grandparent Visitation and Access

Can grandparents get custody of their grandchildren?

Grandparents have the right to file a lawsuit for managing conservatorship of a grandchild if the child’s present circumstances significantly impair the child’s physical health or emotional development OR both parents consent to the grandparent filing a suit. 

If a child custody lawsuit is already pending, the Court may grant a grandparent the right to participate in the lawsuit if the grandparent is deemed to have had substantial contact in the past with the child and that appointing a parent as the child sole managing conservator would significantly impair the child’s physical health or emotional development.

Can grandparents get visitation rights with a grandchild?

A grandparent may be awarded visitation with a child if denying that visitation would significantly impair the child’s physical health or emotional development, OR the grandparent is related to the child through a parent who is incarcerated, deceased or been declared incompetent.

What kind of Possession ad Access can a Grandparent be awarded?

The Family Code does not specify any specific possession schedule for grandparents.  This is wholly to the discretion of the Court.

Can a grandparent receive child support or be ordered to pay child support?

A grandparent who is appointed a managing conservator or joint managing conservator can receive child support from another parent, however a grandparent may not be ordered to pay child support to another person or parent.  A grandparent who is only awarded possession and access may not receive child support.

Practice Areas

From the wide-ranging issues of divorce to the delicate nature of child support and child custody, McFarland Law, P.C. focuses on a variety of issues and cases dealing directly and indirectly with matters of family law.

Divorce

A Texas divorce involves both the division of the parties’ property and, if children are involved, child custody and child support.

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Child Custody

Child custody may be initially rendered in a Divorce or a Suit to Establish the Parent Child-Relationship, which is a custody case between unmarried parties.

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Child Support

A child support order may be initially rendered in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties.

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Spousal Support

Spousal support may be awarded in cases where the parties have been married more than 10 years or a spouse has been convicted of or received deferred adjudication for a crime of family violence.

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Mediation

Mediation is a non-binding confidential settlement conference at which a neutral mediator is present to help you and your spouse reach a final settlement of your case.

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Grandparent Visitation

Grandparents have the right to file a lawsuit for visitation and managing conservatorship of a grandchild in certain circumstances OR if both parents consent to the grandparent filing a suit.

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Domestic Violence

The Texas Family Code has special provisions for relationships where domestic abuse has occurred or is alleged.

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Modifications

Parents have a right to have their prior custody and child support orders reviewed when there has been a change in circumstances.

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Paternity

Paternity of a child may be initially determined in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties.

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Interstate Issues

When a child custody case involves individuals in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction.

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Hague Convention

International child abduction and child custody is governed by the international treaty of the Hague Convention on International Child Abduction.

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Enforcement

If a parent has not complied with an order for possession and access to a child or an obligation to pay child support, and that parent does not have a valid defense, then the Court may fine or jail a non-compliant parent.

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