The bond between a child and a grandparent is special. It is no wonder that a new body of law has arisen dealing with the rights of grandmothers and grandfathers to stay involved in the lives of their grandchildren after a parent's death or divorce.
Watch the video below to learn more about grandparents' role during a divorce.
A number of financial and legal issues must be evaluated in divorce cases and family law disputes. Understanding how property, assets, and debt will be divided, as well as how child custody or visitation rights are determined is essential in protecting your rights and the interests of your children. An experienced Family Law Attorney can help you prepare financial information, a parenting plan, or determine the terms of a pre-nuptial agreement while ensuring your interests are protected at all times. In cases where financial information or the personal activities of a spouse are at issue, most Divorce Lawyers work with investigators and forensic accountants to uncover information and evidence pertinent to a divorce settlement or child custody decision.
In June of 2000 the United States Supreme Court decided the case of Troxel v Granville,530 U.S. 57 (2000) - a case where paternal grandparents sought visitation with their grandchildren after the death of their son. The Court, while noting that ''[t]he demographic changes of the past century make it difficult to speak of an average American family'' relied on prior decisions in stating that it is ''the fundamental right of parents to make decisions concerning the care, custody, and control of their children.'' In the Troxel case the grandparent’s visitation order was held to be an ''unconstitutional infringement'' on the mother’s right to determine the care, custody and control of her children in the absence of any assertion that the mother was an unfit parent.
All 50 states have enacted some form of grandparent visitation statute. For example, in Texas, Section 153.433 of the Family Code provides the circumstances under which a grandparent may obtain reasonable access to their grandchildren.
The Texas Code provides that a court will order reasonable access to a grandchild or grandchildren when at least one of the biological or adoptive parents still has parental rights as to the child(ren) and the grandparent seeking access or possession of a child can overcome a presumption that the child’s parent(s) acts in the best interest of the child. This presumption can only be overcome by showing that to deny visitation would significantly impair the child’s physical health or emotional well-being.
In addition, the grandparent must also be a parent of one of the parents of the child and establish one of the following facts about that parent of the child:
has been incarcerated in jail or prison during the three-month period preceding the filing of the petition
has been found incompetent by a court
is deceased
does not have actual or court-ordered possession of or access to the child
The relationship with a grandchild is special, and permanent separation can be agonizing for everyone. Contact an experienced family law and grandparents’ rights attorney to explore the options available to you in your state.
If you are looking for a skilled and compassionate law firm to protect and enforce your grandparental rights, contact experienced Family Law Specialists at The Attorney Store.Com.
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