Grandparents- Legal Visitation Rights

As far as I know, in the state of Texas, grandparents have no rights, and the only way a grandparent will be allowed visitation, is if the mother is unfit and its usually the maternal grandparents who are given the legal rights, because they are the ones taking care of the baby in most cases, or she agrees to let the grandparent have visitation, I can't really see a judge giving rights to the parents of the baby's father when he isn't being responsible for the child anyway. I have researched this, as I have a daughter who had a baby at 16, and we've been through the whole thing too. I was told that it just doesnt usually happen, and its very very hard for grandparents to prove the mother unfit.

I do believe that grandparents do infact have rights in Texas. Now I think you can show that they are unfit and get supervised visits??

I'm assuming you're talking about the State of Texas; each State takes a slightly different view of the law, grandparents' rights included.

Parents have a Constitutional right to parent and make the decisions that are fit for their children, including with whom their children fraternize. The Court is very cautious about infringing upon this right, and appropriately so.

Grandparents seeking visitation rights must first establish that their contact with the child is in the child's best interest. This is a very vague phrase, and one that works in the parent's favor.

If the child has had an ongoing and healthy relationship with a grandparent, and for example, upon the death of one of the parents, the other parent attempts to hinder that relationship, the Court will likely intervene, under the notion of best interests.

If, however, the grandparent is nothing more than a biological relation with whom the child has not had a relationship, and especially if the grandparent is not stable, etc., the Court will likely not step in.

You can search for the Texas Family Code Section 153 on google and come up with a host of links detailing the law more clearly.

However, and this is important: Family law is fluid. While the law is written, interpretation of the law is flexible, and each county, and each judge, is different in their leanings. Grandparents' rights is a hot-button topic right now. That's why I say 'likely' rather than will or will not. It's the nature of law and lawsuits. Logic and the law are sometimes distant cousins.

Good luck, and I hope this helps.

I 2nd what Catherine said about rights.

However, it doesn't matter how much of a loser the Dad is or if he's never paid a dime, he still has the right to see his child and you can bet his parents will use him to get to the child if they are really wanting to see him.

The situation sucks, but try to set up visitation where you have control and avoid giving them a reason to go to court and force visitation with Daddy-dearest.

If he your grandson never sees them, he'll be curious later, and it would better if he knew from the start what kind of people they are..... though even scum can love their own grand-baby and that's a good thing. Better than not being loved. Later it can be a good teaching moment for your grandson....

Hi R.,

I am a family law attorney and would love to talk with you by phone. Please call my office at ###-###-#### and let me know you are on Mamasource. I will be out of the office most of tomorrow but will return a call within one to two days. Please feel free to call.

J. Duke

In the State of Texas there is really no grandparents rights. It is very hard for them to do. I wouldn't worry about it too much. I work for an atty. and the laws have changed and they will have a hard time getting any rights to your grandson. Good Luck. Let us know how it turns out. You can e-mail me if you need to talk. L.

My research shows that Texas does NOT support grandparent rights. I have a situation with my mother, she does not have any rights to visitation with my children.

Hi R.:

I'm sorry to hear about your challenge. I, myself have gone through the same situation. My own father took me to court to get grandparents visitation rights. He hired an attorney. I didn't. My husband and I basically just gave the judge several examples of his behavior. The judge told us it was our decision as to who we allow to see our child.

One thing though - that was in Michigan, not Texas. I don't know what the laws are here. I'm hoping that if you give the judge several examples of their bad behavior, it could work for you, too. Sending your beloved children into bad environments is so stressful - worrying about your child at all times.

Good luck.

I found this website, I thought it might help a little, http://www.vernerbrumley.com/downloads/Grandparent%20Righ....

Also read http://www.grandparenting.org/Grandparent%20Visitation.htm.

Try these, but do some of your on research. I have always been under the impression that grandparents do have rights to the child, however maybe your daughter can set rules and/or limitation through the courts. Good luck.

I do not think they have anything to stand on. Allison W summed up my experience with the Texas courts pretty well.

That said, I think that consulting with an attorney would be an excellent idea - possibly even about terminating dad's rights. She may qualify for legal aid, but if you can swing the fees and are in Wichita Falls, I strongly recommend Schenk - LeAnn Haines practices in their office, as well - she's just as mean, for a little more than half their price.

S.

I, too, am a grandmother heavily involved in the life of our grandson (born January 2007). His Dad is a car mechanic and his mom is the principal in a private school that runs year round. The mom, our daughter, is currently going to night school to get a degree in Psychological Counseling, especially of teenaggers. I provide five days a week babysitting for our grandson and at night when our daughter is in graduate school. Our daughter and I have decided to co-parent Ronin and we both attend all his doctor appointments and try to consult each other about the directions, words, behaviors, nutrition, sleep, and physical activities he has. I have learned to keep my mouth shut except when asked for comments and my daughter has learned to ask and listen to what I have to say. Our relationship is the best it has ever been and we daily thank each other for the opportunities we both have to share this little person's life. I would love to hear more from you so I will send you a private message. Good Luck!

R.,

You say your daughter is single. I take that to mean she didn't marry the child's father. That is good. Better would be if he did not sign the birth certificate because then he nor his family have any rights until he initiates court action including DNA to prove he is the child's father.

That the paternal family has not supported financially the child nor seems to want to, necessitates determination for support which brings the father's character under investigation. Only after this is done can his mother even begin to try for visitation. And they have to pay for all of this.
You have received some very good advice. Call the atty

G

I would go to the law library and do a little research. If it looks like they do have rights then I would be proactive and arrange a visition schedule that works for you and your grandbaby. I would agree to supervised visitation only, no transportation in a car etc... Meet in a neutral environment ie a park or indoor play area. And, if you want to cut it short meet close to his naptime and then you have an excuse to take him home :-}

In the State of Ohio: if the parents are NOT married, then the paternal Grandparents have NO legal right. I had a similar issue with my dead beat son's Dad. The judge told me that they are no one to my son unless we marry. Hope this helps a little. Also, if the mom "goes away" for a while, they can't find her to serve her.

R.,

It would benefit you to speak to an attorney who is in your county, and visit the law library in your county.

What I would recommend is getting a plan of action in place, for the just in case something happens, that way you are ready for anything.

First, set up several stipulations or "hoops" for this woman to jump through (drug free, random drug tests, proving that they attend parenting classes, clean record (no DUI's /Arrests, etc), and several counseling sessions and other family counseling intervention type things before she has access/visitation to the child.

If she is she's serious about being a positive role model in this child's life, she should not be upset by trying to prove herself to your family, the courts, and any other series of people set in place to determined if she's fit or not.

After which, I would request a that she is introduced gradually to your grandchild, in a supervised setting (your home)for let's say 30 minutes a week for 3 months, then an hour a week for the next 3 months. Moving up for a full year. This is also to benefit the baby, and also to see if she will follow through with this or not.

If she misses more than let's say 2 "sessions" she is docked her visitation rights and you start over again, or she does not progress forward and get to continue on with the plan.

Most people who throw fits like this, just want to be heard, but they are not determined and not willing to put for the effort required to be apart of the child's life.

I am not sure what a lawyer will agree to, but if you go in with a game plan of being willing to cooperate a judge usually likes this and it shows that you are willing to work with the other party and yet if it somehow becomes no longer in the best interest of the child, the visitation is terminated.

You can always insist that there is no sleepovers, and there is no leaving the property, or whatever, until let's say the child is of let's say X years old or something like that.

I know with an infant, you can say, "the baby is breastfed" and it would keep the baby with its mama longer.

I would just start lining up your ducks, just in case this woman happens to get the right lawyer and the right ear of the right judge to make her case heard.

Good luck to your family and to your grandson.

My in-laws went to an attorney to find out if they could legally see my BIL's child. The child was taken out of state by his mother, and was never married to my BIL. They were told they have no legal rights to see him. It is sad for us, but the mother has remarried, and seems to have a very good life for my nephew. So, maybe it is best for him to not know about us, maybe not, but the state says the grandparents have no rights.

Yes, Texas does support Granparents rights. The only way you can stop it is to prove that they are unfit. Even then you may end up with supervised visitation.

Your best bet is to consult with an attorney that can give you advice on how best to proceed in your situation and that is going to fight for what is best for your grandson. My husband is a great family law attorney and is great at working things out and being a counselor. His office # is ###-###-####. His website is www.haugenlawfirm.com so you can contact him anytime. God bless and best wishes to you and your family.

No worries... Some states do have grand-parent rights... but not TX. The paternal grandmother will soon find this out when she tries to hire an attorney and they tell her there is nothing she can do. I do think it is a shame that this sweet litlle boy is being kept from his family (and they are his family no matter what a loser the dad is). Maybe instead of isolating the little boy from his family you could offer them visitation while in you or your daughter's supervision to ensure the child's safety.. Just a suggestion

dont know a lot about it but yes they can get rights unless you can prove they are not fit to have any god bless

I helped my aunt on the other side of the table (she was seeking grandparent rights). Our situation was a little different, her son the father, died and the mom was weird and wanted to seclude the boys away from the grandmother (my aunt). She decided to pursue. The judge will always want the lawyers to hash it out. When she first was to go to the judge, she asked all of us to attend in case we were called upon to state why my aunt should visit. She was extremely involved in their lives...the only times we saw them outside of Christmas was with her. In addition, the mother is a little psycho and drinks alot. So when she saw all of us there to support her, she freaked out and settled right away, but it's still hard because the boys are old enough (teens) to know what my aunt did and they are doing the oddest things (peeing on her floor, vandalising her car, etc).

I guess my advice is go to court with an army, people who are credible (has kids too helps) will attest to why they are not the best influence. If you watch him or your daughter does things with the child, document it with pictures--be able to prove to the court that the child is better off without that grandparents involved. Try to keep a calendar of all the past events you shared with the child and how many they didn't. Find a good lawyer. If you are forced to allow grandparental rights, be sure to enforce that no one can be drinking, smoking or doing whatever you feel is wrong around the child & since the child is so young, you may want to hire a sitter to assist the visits or maybe a family member from your side must be present? Maybe to also ensure the child is cared for properly before full visits are allowed?

Well- in New Jersey there are grandparents right-s but I would conact an attorny and keep track of anything that a judge would want to see- IN NJ grandparents ahve rights but is always about what best for the child- so drug and alcohol and arrests come into play alot- their "financial " stature has absolutely no bearing-
Who has custody of the child now?- mother? solo?
Maybe a supervised visit- sometimes when they have the right it fzzles away -like I tell you kids- when you sleep with someone- you are connecting yourself to the entire family unfortuantely- good or bad.- check online about grandparents rights and document EVERyTHING-the fact that the dead is a low life has no bearing on the graparents rights
good luck- its not fun!

They do have a right to go to court for visitation rights. The courts will not keep grandparents from seeing the children, however if they are unfit, she needs to request that a social study by done before determination is made. They will investigate their home and family situation and let the court know what they find out.