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GRANDPARENT OPTIONS

In Texas, grandparents have limited options when it comes to court-ordered possession and access of grandchildren. However, there are certain situations in which the Texas Family Code allows for court-ordered possession of and access to a child. Sec. 153.433 states as follows:
  1. The court may order reasonable possession of or access to a grandchild by a grandparent if:
    1. at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent's parental rights terminated;
    2. the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being; and
    3. the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:
      1. has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;
      2. has been found by a court to be incompetent;
      3. is dead; or
      4. does not have actual or court-ordered possession of or access to the child.
In addition to the above-listed requirements, the Texas Family Code also states a grandparent must have "standing" to bring a suit for possession of and access to a child. If you would like to explore your options regarding possession of and access to a grandchild, contact our office today for an initial consultation.

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