Issues surrounding Texas family law, particularly child custody and visitation can be highly contentious. There may be various adults in the child’s life who are concerned for the wellbeing of the child and have an interest in seeking custody or visitation. These adults may be parents, guardians, grandparents or other relatives. The laws surrounding child custody and visitation vary widely from state to state and will be applied differently, depending on who it is that is seeking to obtain custody or visitation rights.
For instance, where a grandparent is seeking custody or visitation, there are certain considerations and conditions that may be required. Conditions for custody differ from those for visitation. A grandparent may petition a court for either custody or visitation but should be familiar with the conditions for each, as well as the laws of their state.
One common thing that the courts in all jurisdictions must consider is the best interest of the child. Some of the common factors in determining the best interests of the child include, the needs of the child such as physical and emotional health, safety and welfare of the child. The court will also consider the capability of the grandparents to meet these needs of the child. Additionally, the court may consider the wishes of the parents, the child and the grandparents, as well as the relationship between the grandparents and the child. Evidence of abuse, neglect, and substance abuse are also factors the court may consider.
The laws surrounding grandparent’s rights to visitation and custody are constantly changing and can vary greatly from state to state and circumstance to circumstance. If one is seeking custody or visitation of a grandchild it is crucial to contact an experienced family law attorney to help build and present their case to the court.
Source: FindLaw.com, “Factors Considered for Grandparent Visitation and Custody,” accessed on May 14, 2018
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