Family Law / Grandparent's Rights

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The number of grandparents raising grandchildren in our country has become mainstream. It is not uncommon to feel guilt about postponing legal action in hope that the parents will become responsible and caring adults. The likeliness of this fades once the reality of parenting at an older age becomes mandatory due to dangerous actions of the parents or abandonment of the child. However, absent direct evidence of abandonment or immediate danger to the children, it is difficult for grandparents in Texas to gain conservatorship rights or possession/access to grandchildren. It is tremendously difficult to gain access to grandchildren who are being withheld from you by a parent who has neither neglected nor abused the children. The laws in Texas weigh heavily in favor of parents who are competent adults, regardless of whether you agree with their parenting style. The burden on a grandparent seeking to remove a child from a parent requires satisfactory proof to the court that appointment of a parent as a sole managing conservator would significantly impair the children's physical health or emotional development. This is a heavy burden and very difficult to overcome but, given the appropriate facts, grandparents can meet with success.

 

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