Beaumont Grandparent Rights Lawyer

Consult with an attorney regarding your rights as a grandparent.

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Seek Custody or Access to Your Grandchildren

There may be many reasons why you are wishing to seek custody of your grandchild and our law firm wants to help you along the way. If you are concerned for the safety and wellbeing of your grandchild and wish to have custody moving forward in his/her life, it could be beneficial towards your case to hire an attorney. Family lawyers who are skilled in grandparent rights can answer the specific questions you may have regarding your rights in the state of Texas and give you options moving forward that are specific to your case.

We understand these cases can quickly become frustrating and complicated when worrying for the safety of your grandchild, call for a free consultation so that we may be able to understand the details of your case, explain your rights in the state of Texas, and answer any questions you may still have.

Grandparents rights in the state of Texas

There is no doubt that grandparents can be an incredible influence being in the life of their grandchildren, unbreakable bonds are created, and that child has an extra level of support and positive influence in his/her life. Unfortunately, this can all be put at risk when the parents of the grandchild divorce and and it becomes more complex of a situation if the child is adopted by a stepparent or taken out of the home by CPS.

All states have established their own laws regarding grandparent’s visitation rights. In the state of Texas, the laws addressing grandparents’ rights apply to child custody and visitation rights. If grandparents believe it is the best interest of the child, they may file a lawsuit requesting custody of their grandchild. This may be the case for grandparents concerned about the health and well being of the child and they do not believe they are being taken care of properly. The following circumstances can lead to grandparents having the right to visitation or custody of their grandchild.

  • The parents of this child are divorced
  • The parent(s) have been abusing or neglecting this child
  • The child’s parents have been incarcerated, found unfit to raise their child or have died.
  • A court order has terminated the relationship of the parent and child.
  • The child has been living with the grandparents for at least six months.

The laws in the state of Texas assume that the parents of the child are making decisions that are in the best interest of the child, this means if the grandparents have no valid evidence against a parent claiming the grandparent should not be around the child then they can lose their visitation rights. Speaking to a grandparents rights lawyer can help you understand what options you have moving forward, what risks you may be taking in this lawsuit and what evidence you will need to present in order to make a strong case. Since the parent of the child essentially gets the ultimate say when it comes to who is spending time around their family, receiving visitation rights from a parent who does not want you around the child can seem hopeless but that is not the case. If you at one point played a large role in the life of the child, it may be easier for you to receive visitation. A grandparent cannot request visitation if their grandchild has already been adopted by someone who is not the stepparent of the child.

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If you or a loved one has a related case, please fill out the form below to schedule a call.

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Robert L. Woods Attorney at Law
Woods Law Firm P.C.
Beaumont, TX
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Steps of the process

Gaining custody of your grandchildren in the state of Texas is not an easy task but a necessary one if you feel as though your grandchildren are in danger while in the custody of their parent(s). In the Texas Family Code, custody is referred to as conservatorship. These are both the rights and duties that a parent will exercise on their child’s behalf.

In the beginning of the process of receiving custody of your grandchild there is one obstacle that must be passed in order to qualify to file a custody lawsuit against the parents of the child. The grandparent must have care, control, and possession of this child for six months, and not ending over 90 days before the petition is filed. This means that the parent of this child has left them in your possession for a six-month period of time. This may be for reasons involving the parent going to prison or just simply not being able to care for their child for whatever reason during that time period. Only family members with this standing may bring forth a custody lawsuit on behalf of the child. You must be prepared to show courts that the child has been living with you for six months, a grandparent’s rights attorney can assist you in collecting and presenting the right evidence for the court. If you do not meet this requirement within the process, you may still be able to file a lawsuit if you are able to show the court that your lawsuit has merit due to a risk of harm to your child’s physical or mental wellbeing. However, under this argument you would not be able to file for conservatorship of the child. Instead you would file a suit asking to become a primary caretaker instead.

Once it has been declared by courts that you have the standing to bring forth a family lawsuit on behalf of your grandchild, your next obstacle will include going against parental presumption. This is included in Texas state law and states that a parent of the child will always be given preference when being named as the primary conservator of their child. Going against this means that you must prove to the court that naming a parent of this child as the primary conservator would be harmful for the child’s development. Bad actions of the past do not always prove the incompetence to raise a child so this can be a hard argument to make, but with the assistance of a skilled attorney you may have a great shot of being awarded conservatorship. Ensure you are asking your attorney questions about this step of the process upon consultation so you can be sure they will be able to properly help you with this case.


These cases do not always need to be brought into court in fact, most of the time they are settled outside of the courtroom. If you are someone who is concerned about how lengthy or expensive a trail can come to be, mediation may be great alternative for your situation as this will make the process substantially shorter and less expensive.

If you are a grandparent who is being denied visitation rights by the parent of the child and this is where it can become complicated as the courts of Texas are assuming the parent of the child is denying this visitation for good reason. This is why grandparents must provide evidence that harm is being caused by the parent denying your right to visit the child. Here are some ways to go about providing proper evidence in this case:

  • Testimonial
  • An interview with the child can be conducted by court-appointed professional assigned to the case. This person can recommend for the court and may testify.
  • Medical and school records

As said before, your grandparent’s rights attorney can assist you in collecting this evidence and making sure it is being properly presented in court.

We understand this entire process can be stressful to go though, our law firm wants to make the process as easy as possible with the outcome that best benefits your family. Call for a free consultation to see how we may help in you case.

Beaumont Grandparent Rights Frequently Asked Questions (FAQ)
What do I do if my grandchild’s parent wants him/her back, but I do not think it is a good idea?
Refusing to return the child may be a valid option for the grandparent if there is great enough level of threat towards the child. Before taking any action, it may be beneficial to speak with an attorney first to see what they are advising you to do in your case. If it is possible, make arrangements to work it out with the parent and see if you are both able to reach an agreement that in the best interest of the child. Ensure that if the child has been with you for a long period of time, that you are both making the transition as easy as possible for the child so that there will be no long-term negative effects. If this is more serious of a situation and you believe your grandchild is at immediate risk than get into contact with CPS immediately.
What is power of attorney?
Power of attorney in regard to a child is generally written permission from a parent of that child to another person that authorizes that person to care for him/her and make certain decisions for them as well. Power of attorney from a parent to a grandparent will give the grandparent the authority to make certain decisions about the child but this will not take any rights away from the parents of this child. The parent will also have the ability to revoke this power of attorney, take the child back and change all decisions made for the child by the grandparent. This would be ideal in cases where the parents of the child have to be away for long periods of time for whatever reasons and important decisions need to be made during that time. The grandparent will be able to ensure the child will still legally receive the care they need whatever that may be. This is not a great option, if you are worried for the wellbeing of your grandchild and don’t think they are safe they around their parents as none of their rights will be taken away and they can change the power of attorney whenever they wish.
What is the difference between conservatorship and guardianship?
Conservatorship is an order from the court which makes one person in charge of another person’s finances and assets. This includes their bank accounts, investments, and properties. This is very different from a guardianship as there is far more control over the person’s life. Guardianship may be granted to a grandparent if the parent has been deemed unfit to raise the child of if the parent passes away. It may be beneficial for you to speak with a grandparent rights lawyer if you are unsure of your options or your not sure which option will be in the best interest of your grandchild in this case.
What visitation rights do grandparents have?
Grandparents may seek a court order requesting visitation with their grandchild. This can be established under these circumstances, the grandchild’s parents are divorced or legally separated, when the child is not in custody of their parents or not living in their home, or the parent of the grandchild has died. Grandparent is required to make a request of visitation through the courts. Having an attorney present in this process can make filing the request easier and ensuring it is done properly so that no issues may arise out of nowhere later. If you are living in a different state from your grandchild, the state in which they live will determine the grandparent’s rights so it wise to be aware of the laws in the state that your child is living in so there are no surprises. Your lawyer will be able to assist you in understanding laws you may be unfamiliar with.
Can grandchildren request who they live with?
Depending on the state, children are not really given the freedom to choose who they wish to live with, however their wishes are certainly considered by courts and the state. They do not want these children unhappy with the decisions of the court, however they want to ensure the grandchild is going somewhere that is actually in their best interest.

Robert L. Woods

Attorney at Law, Woods Law Firm P.C.

About Robert L. Woods

Attorney Robert L. Woods is a retired 21 year police executive. At the time of his retirement he held the rank of Lieutenant. Mr. Woods has a Bachelor of Arts Degree in Criminal Justice and is a member of the Criminal Justice Honor Society. Mr. Woods is also a graduate of the prestigious FBI National Academy, where he specialized in police management, practices, and policies. Mr. Woods advises police departments on police management and police procedures. He is the legal advisor for the Fort Bend County Pct. 2 Constables Office and is a leader in Criminal and Personal Injury Law.

Law Firm Information
Firm: Woods Law Firm P.C.
Address: 2016 Main St.,
Houston, TX 78701
Phone: 1.800.391.0227
Woods Law Firm P.C.
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