Grandparent Rights
The bond between a grandparent and a grandchild can play an important role in their upbringing. Unfortunately, there are many ways in which this relationship can be jeopardized.
A grandparent rights attorney can advise you of your rights as a grandparent and help you establish visitation rights or custody rights.
Learn more about how the team at Harris Cook Law - Family Law Division in Arlington, TX, can help.
Have an Attorney Review Your Case
Harris Cook Law - Family Law Division focuses on complex family law litigation. David Cook, John Clark, and our team of attorneys have proudly served the Arlington, Southlake, and Mansfield communities for decades. We're affiliated with prominent legal organizations such as the:
- Tarrant County Bar Association
- Arlington Bar Association
- The Texas Academy of Family Law Specialists
- The College of the State Bar of Texas
If you have questions about your rights as a grandparent, schedule a consultation at Harris Cook Law today. You can contact us online or call us directly at:
817-539-6577
“Having the legal expertise and counsel of David and his team made what was such a scary and painful process one that I felt so very well represented in and taken care of through. Most of all, I felt confident of his professional and compassionate counsel and representation in seeking the very best way to lead my family and I through this process.”
– Katie, 5-Star Review
Grandparent Rights in the State of Texas
State legislatures have recently started to recognize grandparent rights in family law disputes and Texas is one of several states that have established specific statutes regarding this matter. Still, the rights of grandparents are limited in Texas when compared to parental rights. Grandparents must meet very narrow requirements if a court is going to order visitation or custody rights.
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- Divorce: The parents are divorced
- Residence: The child lived with the grandparent for at least six months
- Termination of Rights: Parental rights have been terminated
- Death: One or both parents have died
- Abuse or Neglect: There has been a finding of abuse or neglect by the parent
- Incarceration: The parent is in jail
- Incompetence: The parent has been found incompetent
What Type of Grandparent Visitation is Allowed?
When a grandparent seeks to enforce visitation rights with a grandchild, it is important to keep in mind the type of visitation the court will allow. The terms of the visitation might be limited in time and frequency.
In the case of a child that is adopted by someone other than a step-parent, the grandparent will no longer be allowed to exercise grandparental visitation rights.
Grandparent Rights
Child Custody
Seeking custody of a grandchild is a much different legal undertaking than seeking visitation. Custody of a grandchild is the legal right to have that child live with the grandparent, with the grandparent assuming parental responsibilities. Texas courts consider granting child custody to a grandparent when:
- The current home life of the grandchild presents serious physical or emotional risk.
- The parents have agreed to allow the grandparent to take custody of the child.
Only one of these circumstances needs to exist in order for child custody to be granted to a grandparent.
Child Support
If you are awarded custody of your grandchild, you may wish to seek child support, as well. Legally, both parents have an obligation to provide medical and financial support for their child. At our law office in Arlington, our attorneys can assist grandparents in seeking child support from one or both parents. Child support in Texas may cover basic expenses such as:
- Shelter
- Food
- Clothing
- Medical care
- Dental care
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“Excellent law firm.”
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Get Help With Your Grandparent Rights Case
Harris Cook Law - Family Law Division can help grandparents exercise their rights. Let us help with your case today. For more information, call our law office at 817-539-6577 or contact us online. Our law office has represented clients from Arlington, Southlake, Mansfield, and surrounding areas.
How Your Case Will Proceed
How We Build a Strong Case
The Best Interests of the Child
The key is always that visitation or child custody must be in the best interests of the child. To determine what constitutes the best interests of the child, the court will examine several factors, including the wishes of the child, if he or she is old enough to express their desires.
Our focus is the child's best interests and our family law attorneys are prepared to do everything in our power to protect those interests. David Cook and John Clark review each case on an individualized basis to determine the best approach to your defense.
Evidence Establishing a Risk to the Child
When a parent engages in activity that jeopardizes the safety of the child, the events leading up to the danger typically serve as the proof needed to request grandparent custody. There are several types of evidence that may be submitted to the court to establish a substantial risk to the child and obtain visitation rights or child custody rights. At our law office serving Arlington, Southlake, and surrounding areas, our attorneys review each case and submit the strongest evidence for consideration by the court.
Josh R.
June 30, 2016
The Law Office of Donna Smiedt is absolutely wonderful. I have dealt with other attorneys regarding my divorce case and I can truly say that there is an obvious difference at Donna's office. Whether it be professionalism, sound advice, expediency, organization and more, their office is like none other with a constant winning attitude. As with anyone experiencing the challenges of divorce, it's comforting to trust someone who cares and understands what your going through. When I hired Donna, all my worries were alleviated since I knew they had myself and my kids best interest in mind.
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Keri Jarboe Smith
Donna represented our family for a parental termination and step parent adoption. Her entire team did a great job over the 2 year process. I thought Donna's strategy and no nonsense approach to be exactly what we needed. Finding a parent who hides can typically be tough but she knew the legal way to navigate around it. At the end, my daughter was adopted by the man who is truly her dad. Seriously, an excellent legal team!
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