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