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Grandparent’s Rights Lawyers in Ellis County

Connecting the Generations

The state provides minimal statutory rights to grandparents. However, in certain circumstances, a grandparent may petition the court for an order that enables the grandparents to visit the children on a regular basis. If you want to learn if this is possible in your situation, call Robin McCarty & Associates to speak with a grandparent’s rights attorney in Ellis County or surrounding areas.

How the Court Views Visitation Rights

The courts tend to observe the right of the parents to prohibit visitation with the grandparents. The courts presume that a fit parent bases decisions regarding who may or may not visit on the best interest of the child. Due to the fundamental authority of the parents, grandparent’s rights can be enforced only in very limited situations.

The grandparents must prove three elements, including:

  • At least one of the child’s parents has not had their parental rights terminated
  • Showing by a preponderance of evidence that denial of access to the child would significantly impair the physical health or emotional well-being of the child
  • The grandparents are parents of the parent of the child and the parent has been incarcerated, dead, found incompetent, or does not have access to the child

For example, if the grandparent’s child died in an accident and the grandparent has been helping to raise the children, the grandparent may be able to request visitation rights. However, they would have to provide evidence that denial of visitation would cause significant impairment to the child.

Representation for Grandparents

The evidence must be significant in order for the courts to allow visitation that runs counter to the wishes of the parents and what they deem to be in the best interests of their children. If you want to assert your rights and seek visitation with a grandchild, it is important to understand that it is a long and challenging road. You need a highly qualified and experienced grandparent’s rights lawyer in Ellis County to advise you.

Call (972) 843-7456 for a consultation to learn how the law applies to your situation.

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