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 Firm, P.C. focuses on a variety of issues and cases dealing directly and indirectly with matters of family law.
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.
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.
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.
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.
Domestic Violence
The Texas Family Code has special provisions for relationships where domestic abuse has occurred or is alleged.
Modifications
Parents have a right to have their prior custody and child support orders reviewed when there has been a change in circumstances.
Interstate Issues
When a child custody case involves individuals in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction.
Hague Convention
International child abduction and child custody is governed by the international treaty of the Hague Convention on International Child Abduction.
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.