Austin Grandparents Rights Lawyer
Grandparents and other family members may feel compelled to take action when a grandson, granddaughter or other youngster lives with an unfit or unable parent. At Newberry Law, we pride ourselves on being creative thinkers, able to find unique solutions to unique family law issues. If you are seeking custody of a grandchild, niece, nephew or sibling, attorney Joe Newberry can help.
Are you considering seeking custody of a grandchild who lives in an unsafe environment? Are you interested in learning more about grandparents’ rights or sibling rights? Contact Newberry Law, to arrange your consultation and learn how we can help.
Criteria for Securing Primary Custody
A grandparent, aunt, uncle or sibling stands a good chance of obtaining a “managing conservatorship” (the rights of a parent) if they have had possession of the child for six months before they file a petition for custody, and that period of possession was not more than three months prior to filing for custody.
That does not mean the child had to be in your care every day for six months. Newberry Law has been able to present a compelling case in a wide variety of situations.
For Help Asserting Grandparents’ Rights
Our firm helps grandparents and other family members obtain primary custody of their grandchildren, nieces, nephews and siblings. Although it is difficult for grandparents and other family members to obtain standing to bring a case to a judge in Texas family court, it is possible. It can be done, and our firm has done it. The following are reasons why the court may grant custody to grandparents and other family members:
- The parent is deemed an unfit parent because of alcohol or drug abuse.
- The parent is deemed unfit because of physical abuse to the child.
- The parent is unable to care for the child due to incarceration, physical illness or mental illness.
- The child’s physical health or welfare is in jeopardy or it can be proven that the parents are not caring for the child. In these types of emergency situations, you do not have to show that the child has been living with you for six months. But you need to show that you have a strong relationship with the child and that it is in the best interests of the child to be with you.
Grandparents’ Rights and Joint Custody
Grandparents can also take joint custody of grandkids along with one or both parents, and parents who know they are having problems can agree to grant a grandparent a temporary or even permanent joint managing conservatorship (custody).
Grandparents’ Visitation Rights
Grandparents’ visitation rights are limited. If access to your grandchild has been denied because of a divorce, your situation is hard to overcome. Some events can trigger the right to visitation, however. When a grandparent is critical to the survival of a child, Texas courts can work in your favor.
Contact our firm today and consult with our Austin Grandparents rights lawyer if you are concerned about the welfare of your grandchildren. We have helped many grandparents maintain relationships with their grandchildren.