Grandparents' Rights to Visitation in Texas
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May I ask the judge for visitation with my grandchild?
Yes, under certain conditions.
Under what conditions will a judge grant my request for visitation with my grandchild?
The judge may order visitation with the grandchild if:
- The parental rights of at least one parent have not been terminated;and
- Visitation with your grandchild is in that grandchild's best interest; and
- At least on the following is true;
- Your child (a parent of your grandchild)
-
Has been incarcerated during the three month period prior to filing the petition;
Or
Has been found to be incompetent; or
Is dead; - The parents of your grandchild are divorced or have been living apart for at least three months; or
- Your grandchild has been abused or neglected by a parent; or
- Your grandchild has been found by the court to be child in need or supervision;
- Your child (a parent of your grandchild has had his or her parental rights to your grandchild terminated; or
- Your grandchild has resided with you for at least six months during the last two years.
Are there any circumstances under which I may not request visitation with my grandchild?
You may not request visitation with your grandchild, if the following circumstances exits:
- Your child's parental rights have been terminated by court order or death;
- Your grandchild's other parent's parental rights have been terminated by court order or death;
- Your grandchild has been adopted by someone other than your grandchild's step-parent.
© 2000 Conner & Lindamood, P.C.
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