The grandparents’ rights lawyers at Mims Ballew Hollingsworth understand the emotional challenges grandparents face when trying to maintain or regain a relationship with their grandchildren. Our family law attorneys develop strategic, evidence-based plans to protect your rights as a grandparent while prioritizing the best interests of the child under Texas law.
Texas family law presumes that a “fit parent” acts in their child’s best interests. This presumption makes it difficult for grandparents and other non-parents to obtain custody or even visitation rights. To succeed, grandparents must show that denying them access would significantly impair the child’s physical health or emotional development.
Those who can petition for custody or visitation include grandparents, great-grandparents, aunts, uncles, adult siblings, and certain stepparents when a biological parent has passed away or the child has lived with them for a qualifying period.Because Texas law heavily favors parental rights, working with an experienced grandparents’ rights lawyer in Southlake is essential to navigate these restrictions and present compelling evidence.
You should contact a grandparents’ rights attorney if:
An experienced attorney can evaluate whether you have legal standing under the Texas Family Code and guide you through the proper filing procedures.
SERVING FAMILIES WITH over 100 YEARS OF COMBINED EXPERIENCE
One of the most common questions we hear is, “What is the role of a grandparents’ rights lawyer?”
Simply put, a grandparents’ rights lawyer helps you prove that your relationship benefits the child’s welfare and that losing contact would cause emotional or developmental harm.
Texas Family Code §102.003(a)(9) allows a non-parent to file for custody if they have had actual care, control, and possession of the child for at least six months.
In more urgent cases—such as when a parent is incarcerated, incompetent, deceased, or has abandoned the child—grandparents may also have standing to pursue access or custody.
These cases are highly fact-specific, and the outcome often depends on the quality of evidence and legal representation. A skilled Southlake grandparents’ rights lawyer can gather medical records, witness statements, and expert testimony to demonstrate the importance of your ongoing relationship with your grandchild.
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.
When family conflicts lead to parents withholding access, the law requires grandparents to prove that such denial would harm the child’s physical or emotional well-being.
Courts consider factors like the child’s emotional bond with the grandparent, prior caregiving history, and the stability of the home environment.
If your adult child—the parent of your grandchild—is incarcerated, deceased, or declared legally incompetent, you may be able to petition the court for possession or visitation rights. Because these claims must meet strict evidentiary standards, early consultation with a family law attorney can make a significant difference in protecting your rights.
In some cases, grandparents choose to adopt their grandchildren to ensure long-term security and stability. Here are the main steps in the Texas grandchild adoption process:
Our Southlake grandparents’ rights attorneys guide families through every stage of adoption, from filing paperwork to representing you at the final hearing.
At Mims Ballew Hollingsworth, we recognize that the interests of the child are at the heart of every custody or visitation case.
Our legal team combines over 100 years of family law experience to help grandparents protect meaningful relationships while ensuring that the child’s welfare remains the top priority.
If you’re seeking legal guidance on grandparents’ rights in Southlake or surrounding cities, contact us today. We’ll help you understand your options, assert your rights as a grandparent, and work toward a resolution that serves your grandchild’s best interests.
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.
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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.
