Does the Law Allow for Family Custody Outside of the Parents?

In situations of an impending divorce, the custody of the child/ (children) is always a matter of great importance and is considered appropriately by the courts for the minor’s best interest. In some cases, grandparents will sue for visitation or custody rights based on the situation so it is important to understand how the law views these cases.

As a rule of law the courts usually try to keep a parent and child together unless there are extenuating circumstances to prevent this. Even in divorce cases, the rights of both parents are reviewed and balanced so that the child has access to both and the opportunity for a relationship with the mother and father. In many cases the mother is given primary custody although the number of cases is growing where the father is awarded this position or ‘joint’ custody is becoming the normal standard.

In Texas and other states there are times where the grandparents of a child will go to the courts and ask for legal visitation and/or custody rights of the minor. This can happen for a variety of reasons which is discussed below but it is important to note that this is always a tough case unless the circumstances are extreme and there is no one arguing against it. If this is a situation you are in then you need to hire a top family attorney who has argued for grandparents’ rights in Texas before and has a record of succeeding.

Grandparents love their kids and enjoy spoiling their grandkids but when life takes a turn and they feel the need to step in it is best to have the full weight of the court behind them. Texas law takes into consideration if the parents are divorced and one is trying to block access, the minors have been abused or neglected, one parent has passed away or the court has already determined that the parent is unfit to care for the child.

The majority of legal institutions believe that it is in the best interest of the child to remain with family even if that means extended relatives due to the situations mentioned that prevent the parent from being the provider and guardian. When it comes to visitation the case may be more difficult to make because this is simply a legal request for access and there is nothing in this state’s statutes that automatically gives grandparents visiting rights to the minors. You need a tough attorney who is familiar with the law and has the experience of dealing with similar cases in the courts previously. In order to fight for your grandparents’ rights in Texas you need to find an attorney who can evaluate your circumstances and then make a recommendation on the best course of action with a reasonable effort. Their objectivity ensures that clients know exactly what the chances are and whether they even have a case under the law to pursue in the first place.

Being a grandparent is one of the most rewarding positions in life next to being a parent because you have all the joys of family without the primary responsibility of caretaking. This can change and for those that want to take this on again for the best interests of their flesh and blood, the battle is not impossible as long as you have the best representation in the state. Find your attorney today and let them handle the details so that you can shower love on the grandkids during the process.

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If you are looking for Houston bankruptcy lawyers, then the author of this article recommends Busby & Associates.