Fort Worth Grandparents Rights Attorney

Grandparents can play a very important role in their grandchildren’s lives – a role that can be enriching for both. As such, the State of Texas addresses the important matter of grandparents’ rights, and having a better understanding of what this means for you can help. If you have questions or concerns about what your rights are as a grandparent, an experienced Fort Worth grandparents’ rights attorney is standing by to answer your questions and help you explore your best options.

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The Important Role that Grandparents Play

A recent report from the Pew Research Center shares the following statistics, which highlight the important role that grandparents play in their grandchildren’s lives in this country:

  • The number of grandchildren who are living with a grandparent is on the rise.
  • In a recent year, 22 percent of grandparents reported caring for their grandchildren on a regular basis.
  • In a recent year, 72 percent of grandparents reported caring for their grandchildren some of the time.

Grandparents have no absolute legal right to spend time with their grandchildren. In highly specific situations, however, Texas courts do award grandparent visitation. Grandparents, however, have the burden of proving that it’s in the best interests of the children, and the legalities are complex, which makes working closely with a seasoned grandparents’ rights attorney well-advised.

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We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.

The State’s Starting Position

To begin, every decision that directly affects children made by Texas courts is based on the best interests of those children. This said, however, parents have the absolute right to make decisions regarding whom their children spend time with – barring the parent being stripped of their parental rights and responsibilities. Ultimately, the decisions parents make regarding their children are presumed to uphold their best interests. As such, there are only certain situations in which a Texas court will supersede a parent’s right to deny a grandparent visitation with their grandchildren.

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When a Grandparent Can Assert Rights

The circumstances under which a grandparent can seek the legal right to visitation – or custody – of their grandchildren in Texas are limited.

Parental Rights

The parental rights of at least one of the child’s biological or adoptive parents have not been terminated.

Best interests

The grandparent seeking the right to visitation is able to overcome the presumption that the parent is acting in the best interest of their children by limiting visitation. This involves proving that the denial of grandparent visitation negatively affects the children’s health or wellbeing to a significant degree.

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Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

Necessary Conditions

Finally, in order to seek visitation, the following highly specific conditions must apply. To begin, at least one of your grandchildren’s biological parents must retain custody of them. Further, you must be the parent of your grandchildren’s biological or adoptive parent to whom one of the following applies:

  • The court found them incompetent.
  • They spent at least three months prior to your filing for visitation incarcerated.
  • They are no longer living.
  • They do not have legal or actual possession of your grandchildren.

Grandparents, in other words, can only seek visitation – or custodial – rights under highly specific circumstances.

Building Your Case

In order to move the court to go against a parent’s wishes in relation to grandparent visitation, there is a considerable burden of proof. You’ll need to be able to clearly demonstrate that visitation is in the best interests of the children, which is a high bar. For example, if you contend that the situation in which your grandchildren live endangers them, the court will require physical evidence.

Additional Considerations

If your grandchildren have been adopted by anyone other than a stepparent, your right to request visitation ends. If, however, your grandchildren have been living with you for at least six months, it can significantly influence the outcome of your case. Often, these situations arise out of the parent having a substance abuse problem or of the parent being transient and, therefore, unreachable. Tracking down the parent is generally the first requirement when it comes to establishing custody, which is important for retaining your ability to continue caring for your grandchildren and can directly affect your ability to procure services for them.

It’s Time to Consult with an Experienced Fort Worth Grandparents’ Rights Attorney Near You

couple divorcing assisted by a divorce attorney, call Mims Ballew Hollingsworth divorce lawyers in Southlake, TX and nearby

couple divorcing assisted by a divorce attorney, call Mims Ballew Hollingsworth divorce lawyers in Southlake, TX and nearby

 

If you are being denied visitation with your grandchildren or if your grandchildren depend upon you for care but you have no legal rights in this regard, it can leave you in a very painful situation. When it comes to grandparents seeking visitation or custody, Texas prioritizes parental rights, and the legalities of overcoming this are challenging. There are, however, circumstances when grandparents are able to prevail, and the compassionate, highly skilled Fort Worth grandparents’ rights attorneys at Mims Ballew Hollingsworth | Fort Worth Family Law dedicate their imposing practice to helping clients like you assert their visitation rights. Learn more by reaching out and contacting us for more information today.

Client Reviews

What our clients are saying about us

Kam J.

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Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

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    I highly recommend this law firm. I have had Brian and Kelly both represent me in now three seperate cases. They are men of integrity that are very prompt to answer questions and get back to you on important matters. They have always been well organized and stayed on top of the important information relevant to my cases. ...

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    Timothy Alexander did an exceptional job handling my divorce case. He was extremely prepared, very informative, and he made sure I was always kept in the loop. His professionalism, guidance and empathy tremendously helped during what could have been a much more difficult time. I was so pleased with the final outcome and ...

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    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

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    Kelly & Brian were amazing attorneys. I came to them when I really needed help with child custody issues, and they were committed to reaching the best possible outcome. I am writing this to express my most sincere thanks, and gratitude for their professionalism. They stuck by me through the last year in dealing with ...

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    Things happen and you need someone to tell it to you straight. Andrew McAlester is someone I trust to help me navigate through these difficult times.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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