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Grandparents Rights in Texas- What Determine the Grants
Posted: May 13, 2016
When it comes to grandparents rights in America, there is always no doubt about them. Normally, each state makes its own laws since individual cases come before its appointed judges. For instance, the rights of a grandparent in Texas can be quickly granted as compared to the rights in Florida. Under the law, parents and grandparents do not have equal rights. A grandparent who has a strong bond may ask for visitation rights. However, this does not mean that the court will automatically grant the request. If it negatively affects the child, this request might not be granted.
What will determine the grant?
Before allowing the grant, there are a number of factors that the judge will weigh to consider whether the visitation is appropriate. The laws determining this often differ from one state to another. Normally, there is no law determining the visitation. Although grandparents’ visitation is appropriate, a parent’s right is more important. Each state has its own laws that govern these grandparents’ visitation rights and this visitation is often well taken care of under the law
In a normal situation, there would be no need for a court to order a grandparent’s visitation. Grandparents and parents would corporate to ensure that the unity is promoted among the family members. Unfortunately, this might not be the case due to divorce or separation. These rights may or may not be justified for a number of reasons. When grandparents’ right is an issue, the grandparent is in conflict not only with his or her child but also the parent of the child from the other side of the family. In Texas, a grandparent can normally enjoy the relationship with his or her grandchild as long as one parent allows and agrees to facilitate the meeting.
When can a grandparent obtain the custody of a child?
Once you know about grandparents rights in Texas, a grandparent can only interfere with these rights if the parent is not in a position to do this. If a parent is not able to meet the emotional or physical needs of the child a grandparent can get the custody of the child. This may happen if: · Both parents have agreed to the change of custody. · If the child’s current physical environment presents a serious concern regarding his or her emotional welfare.
A grandparent may, therefore, seek custody of the child by intervening in the custody action of the parent or state. However, grandparents are not allowed to bring original custody suits against grandchild’s parent. On the contrary, the custody must be filled as part of the original case. Typically, these rights are always secondary to the rights of the parents. This is very important if you want to know about grandparents rights in Texas.
Final words
Although a grandparent plays an important role in the child’s life he or she does not have equal rights. Both the grandparent and the parent often benefits from being involved with the grandparent. However, in situations where parents separate or divorce the contact with the child may be quickly cut off. Thankfully, there is often a legal recourse for the ones who want to maintain the relationship. So, it is important to know about grandparents rights in Texas.
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