The role of grandparents can be critically important in families. Indeed, there are many times in which a grandparent plays a larger role in the life of a child than even a parent. And, there are also times when grandparents are wrongly shut out of the life of a child. A well-informed attorney can help, and can guide you through the process of seeking access or possession of your grandchild.
The Texas Legislature has enacted legislation that gives grandparents the right to bring a suit for "access" or "possession" of a child, if certain circumstances are shown. "Access" to a child means the right to speak and visit with the child, while "possession" means the right to actually have time with the child away from the parent (or the person who has custody of the child).
A grandparent may not bring a suit for "access" or "possession" if the biological parents are both deceased, or have had their rights terminated, or have transferred managing conservatorship to another party, or if an adoption suit has been brought regarding the child.
And, in order to win "access" or "possession" of the child, the parent of the child, who is also the child of the grandparent, must be somehow "out of the picture", through either incarceration, or a judicial declaration of incompetence, or death, or even having lost custody of the child.
If you are a grandparent looking to gain access to your grandchild, call our firm. We can answer your questions in more detail, and help you decide if filing a suit for Grandparent Access or Possession is right for you and your family.